Bail Recovery Agent

WHAT IS A BAIL RECOVERY AGENT?

A bail recovery agent, also known as a bounty hunter or fugitive recovery agent, is an individual (other than an attorney or law enforcement officer) utilized by a surety company or bail bond agent to apprehend a defendant who was released on bail and who failed to appear in court when required. ARS § 13-3885(A) and (G)(3).

WHO MUST BE REGISTERED?

Prior to retaining, employing, hiring as an independent contractor or otherwise utilizing you as a bail recovery agent, a surety company or bail bond agent must verify that you are qualified to act as a bail recovery agent.

Within 24 hours after retaining, employing, hiring as an independent contractor or otherwise utilizing a bail recovery agent, a surety company or bail bond agent must complete and submit Form L-BRA (Notice of Bail Recovery Agent Utilization).

The Arizona Department of Insurance does not issue licenses for bail recovery agents; however, you must satisfy certain requirements before acting as a bail recovery agent.

ARS § 41-1030(G) requires most Arizona government agencies to prominently print the provisions of ARS § 41-1030(B), (D), (E) and (F) on all license applications.  The following is the language in ARS § 41-1030(B), (D), (E) and (F):

B.        An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition.

D.        This section may be enforced in a private civil action and relief may be awarded against the state.  The court may award reasonable attorney fees, damages and all fees associated with the license application to a party that prevails in an action against the state for a violation of this section.

E.        A state employee may not intentionally or knowingly violate this section.  A violation of this section is cause for disciplinary action or dismissal pursuant to the agency’s adopted personnel policy.

F.         This section does not abrogate the immunity provided by section 12-820.01 or 12-820.02.

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