{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/9.1-186.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/9.1-186.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/9.1-186.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/9.1-186.3.html"}],"law_id":378659,"edition_id":2,"section_id":378659,"structure_id":53807,"section_number":"9.1-186.3","catch_line":"Powers of Department relating to bail enforcement agents","history":"2004, c. 397.","full_text":"A\n\nIn addition to the powers otherwise conferred upon it by law, the Department may charge each applicant for licensure or licensee a nonrefundable fee as established by the Board to (i) cover the costs of processing an application for licensure, enforcement of the regulations, and other costs associated with the maintenance of the program of regulation; (ii) cover the costs of bail recovery training, processing school certifications and enforcement of training standards; (iii) conduct investigations to determine the suitability of applicants for licensure and (iv) conduct investigations to determine if any disciplinary actions against a licensed bail enforcement agent are warranted. For purposes of determining eligibility for licensure, the Department shall require the applicant to provide personal descriptive information to be forwarded, along with the applicant’s fingerprints, to the Central Criminal Records Exchange for the purpose of conducting a Virginia criminal history records search. The Central Criminal Records Exchange shall forward the fingerprints and personal description to the Federal Bureau of Investigation for the purpose of obtaining a national criminal record check.\n\nB\n\nThe Director or his designee may make an ex parte application to the circuit court for the city or county wherein evidence sought is kept or wherein a licensee does business for the issuance of a subpoena duces tecum in furtherance of the investigation of a sworn complaint within the jurisdiction of the Department or the Board to request production of any relevant records, documents and physical or other evidence of any person, partnership, association or corporation licensed or regulated by the Department pursuant to this article. The court may issue and compel compliance with such a subpoena upon a showing of reasonable cause. Upon determining that reasonable cause exists to believe that evidence may be destroyed or altered, the court may issue a subpoena duces tecum requiring the immediate production of evidence. Costs of the investigation and adjudication of violations of this article or Board regulations may be recovered. All costs recovered shall be deposited into the state treasury to the credit of the Bail Enforcement Agent Regulatory Fund. Such proceedings shall be brought in the name of the Commonwealth by the Department in the circuit court of the city or county in which the unlawful act occurred or in which the defendant resides. The Director, or agents appointed by him, shall have the authority to administer oaths or affirmations for the purpose of receiving complaints and conducting investigations of violations of this article, or any regulation promulgated hereunder and to serve process issued by the Department or the Board.\n\n","order_by":null,"text":{"0":{"id":1414052,"text":"In addition to the powers otherwise conferred upon it by law, the Department may charge each applicant for licensure or licensee a nonrefundable fee as established by the Board to (i) cover the costs of processing an application for licensure, enforcement of the regulations, and other costs associated with the maintenance of the program of regulation; (ii) cover the costs of bail recovery training, processing school certifications and enforcement of training standards; (iii) conduct investigations to determine the suitability of applicants for licensure and (iv) conduct investigations to determine if any disciplinary actions against a licensed bail enforcement agent are warranted. For purposes of determining eligibility for licensure, the Department shall require the applicant to provide personal descriptive information to be forwarded, along with the applicant’s fingerprints, to the Central Criminal Records Exchange for the purpose of conducting a Virginia criminal history records search. The Central Criminal Records Exchange shall forward the fingerprints and personal description to the Federal Bureau of Investigation for the purpose of obtaining a national criminal record check.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1414053,"text":"The Director or his designee may make an ex parte application to the circuit court for the city or county wherein evidence sought is kept or wherein a licensee does business for the issuance of a subpoena duces tecum in furtherance of the investigation of a sworn complaint within the jurisdiction of the Department or the Board to request production of any relevant records, documents and physical or other evidence of any person, partnership, association or corporation licensed or regulated by the Department pursuant to this article. The court may issue and compel compliance with such a subpoena upon a showing of reasonable cause. Upon determining that reasonable cause exists to believe that evidence may be destroyed or altered, the court may issue a subpoena duces tecum requiring the immediate production of evidence. Costs of the investigation and adjudication of violations of this article or Board regulations may be recovered. All costs recovered shall be deposited into the state treasury to the credit of the Bail Enforcement Agent Regulatory Fund. Such proceedings shall be brought in the name of the Commonwealth by the Department in the circuit court of the city or county in which the unlawful act occurred or in which the defendant resides. The Director, or agents appointed by him, shall have the authority to administer oaths or affirmations for the purpose of receiving complaints and conducting investigations of violations of this article, or any regulation promulgated hereunder and to serve process issued by the Department or the Board.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":53807,"edition_id":2,"name":"Bail Enforcement Agents","identifier":"12","label":"article","depth":3,"order_by":12,"parent_id":53786,"metadata":{"child_laws":15,"child_structures":0},"date_created":"2026-08-02 03:22:34","date_modified":"2026-08-02 12:28:42","permalink":{"id":1511715,"object_type":"structure","relational_id":53807,"identifier":"12","token":"9.1\/1\/12","url":"\/9.1\/1\/12\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53786,"edition_id":2,"name":"Department of Criminal Justice Services","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":53785,"metadata":{"child_laws":143,"child_structures":17},"date_created":"2026-08-02 03:22:17","date_modified":"2026-08-02 12:28:40","permalink":{"id":1511491,"object_type":"structure","relational_id":53786,"identifier":"1","token":"9.1\/1","url":"\/9.1\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53785,"edition_id":2,"name":"Commonwealth Public Safety","identifier":"9.1","label":"title","depth":1,"order_by":36,"parent_id":null,"metadata":{"child_laws":258,"child_structures":36},"date_created":"2026-08-02 03:22:17","date_modified":"2026-08-02 12:28:39","permalink":{"id":1511489,"object_type":"structure","relational_id":53785,"identifier":"9.1","token":"9.1","url":"\/9.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":378666,"structure_id":53807,"section_number":"9.1-186","catch_line":"Definitions","url":"\/9.1-186\/","token":"9.1\/1\/12\/9.1-186","metadata":false},{"id":378652,"structure_id":53807,"section_number":"9.1-186.1","catch_line":"Inapplicability of article","url":"\/9.1-186.1\/","token":"9.1\/1\/12\/9.1-186.1","metadata":false},{"id":378653,"structure_id":53807,"section_number":"9.1-186.10","catch_line":"Uniforms and identification; standards and restrictions","url":"\/9.1-186.10\/","token":"9.1\/1\/12\/9.1-186.10","metadata":false},{"id":378654,"structure_id":53807,"section_number":"9.1-186.11","catch_line":"Reporting standards and requirements","url":"\/9.1-186.11\/","token":"9.1\/1\/12\/9.1-186.11","metadata":false},{"id":378655,"structure_id":53807,"section_number":"9.1-186.12","catch_line":"Recovery of bailees; methods of capture; standards and requirements; limitations","url":"\/9.1-186.12\/","token":"9.1\/1\/12\/9.1-186.12","metadata":false},{"id":378656,"structure_id":53807,"section_number":"9.1-186.13","catch_line":"Penalties, criminal and monetary","url":"\/9.1-186.13\/","token":"9.1\/1\/12\/9.1-186.13","metadata":false},{"id":378657,"structure_id":53807,"section_number":"9.1-186.14","catch_line":"Expired","url":"\/9.1-186.14\/","token":"9.1\/1\/12\/9.1-186.14","metadata":false},{"id":378658,"structure_id":53807,"section_number":"9.1-186.2","catch_line":"Powers of Department and Board relating to bail enforcement agents","url":"\/9.1-186.2\/","token":"9.1\/1\/12\/9.1-186.2","metadata":false},{"id":378659,"structure_id":53807,"section_number":"9.1-186.3","catch_line":"Powers of Department relating to bail enforcement agents","url":"\/9.1-186.3\/","token":"9.1\/1\/12\/9.1-186.3","metadata":false},{"id":378660,"structure_id":53807,"section_number":"9.1-186.4","catch_line":"Limitations on licensure","url":"\/9.1-186.4\/","token":"9.1\/1\/12\/9.1-186.4","metadata":false},{"id":378661,"structure_id":53807,"section_number":"9.1-186.5","catch_line":"Bail enforcement agent license; criminal history records check","url":"\/9.1-186.5\/","token":"9.1\/1\/12\/9.1-186.5","metadata":false},{"id":378662,"structure_id":53807,"section_number":"9.1-186.6","catch_line":"Licenses; renewal","url":"\/9.1-186.6\/","token":"9.1\/1\/12\/9.1-186.6","metadata":false},{"id":378663,"structure_id":53807,"section_number":"9.1-186.7","catch_line":"Licensure of nonresidents","url":"\/9.1-186.7\/","token":"9.1\/1\/12\/9.1-186.7","metadata":false},{"id":378664,"structure_id":53807,"section_number":"9.1-186.8","catch_line":"Professional conduct standards; grounds for disciplinary actions","url":"\/9.1-186.8\/","token":"9.1\/1\/12\/9.1-186.8","metadata":false},{"id":378665,"structure_id":53807,"section_number":"9.1-186.9","catch_line":"Firearms, training and usage; standards and requirements","url":"\/9.1-186.9\/","token":"9.1\/1\/12\/9.1-186.9","metadata":false}],"previous_section":{"id":378658,"structure_id":53807,"section_number":"9.1-186.2","catch_line":"Powers of Department and Board relating to bail enforcement agents","url":"\/9.1-186.2\/","token":"9.1\/1\/12\/9.1-186.2","metadata":false},"next_section":{"id":378660,"structure_id":53807,"section_number":"9.1-186.4","catch_line":"Limitations on licensure","url":"\/9.1-186.4\/","token":"9.1\/1\/12\/9.1-186.4","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/9.1-186.3\/","history_text":"

This law was first created in 2004. The record of its establishment is cataloged in chapter 397<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":1511749,"object_type":"law","relational_id":378659,"identifier":"9.1-186.3","token":"9.1\/1\/12\/9.1-186.3","url":"\/9.1-186.3\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/9.1-186.3\/","token":"9.1\/1\/12\/9.1-186.3","dublin_core":{"Title":"Powers of Department relating to bail enforcement agents","Type":"Text","Format":"text\/html","Identifier":"\u00a7 9.1-186.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In addition to the powers otherwise conferred upon it by law<\/span>, the Department<\/span> may charge each applicant for licensure or licensee a nonrefundable fee as established by the Board<\/span> to (i) cover the costs of processing an application for licensure, enforcement of the regulations, and other costs associated with the maintenance of the program of regulation; (ii) cover the costs of bail recovery<\/span> training, processing school certifications and enforcement of training standards; (iii) conduct investigations to determine the suitability of applicants for licensure and (iv) conduct investigations to determine if any disciplinary actions against a licensed bail enforcement agent are warranted. For purposes of determining eligibility for licensure, the Department<\/span> shall require the applicant to provide personal descriptive information to be forwarded, along with the applicant’s fingerprints, to the Central Criminal Records Exchange for the purpose of conducting a Virginia criminal history records search. The Central Criminal Records Exchange shall forward the fingerprints and personal description to the Federal Bureau of Investigation for the purpose of obtaining a national criminal record check. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Director or his designee may make an ex parte<\/span> application to the circuit<\/span> court<\/span> for the city or county wherein evidence<\/span> sought is kept or wherein a licensee does business for the issuance of a subpoena duces tecum<\/span> in furtherance of the investigation of a sworn complaint within the jurisdiction<\/span> of the Department<\/span> or the Board<\/span> to request production of any relevant records, documents and physical or other evidence<\/span> of any person, partnership, association or corporation licensed or regulated by the Department<\/span> pursuant to this article. The court<\/span> may issue<\/span> and compel compliance with such a subpoena upon a showing of reasonable cause. Upon determining that reasonable cause exists to believe that evidence<\/span> may be destroyed or altered, the court<\/span> may issue<\/span> a subpoena duces tecum<\/span> requiring the immediate production of evidence<\/span>. Costs of the investigation and adjudication of violations of this article or Board<\/span> regulations may be recovered. All costs recovered shall be deposited into the state treasury to the credit of the Bail Enforcement Agent Regulatory Fund. Such proceedings shall be brought in the name of the Commonwealth by the Department<\/span> in the circuit<\/span> court<\/span> of the city or county in which the unlawful act occurred or in which the defendant<\/span> resides. The Director, or agents appointed by him, shall have the authority to administer oaths<\/span> or affirmations for the purpose of receiving complaints and conducting investigations of violations of this article, or any regulation promulgated hereunder and to serve process issued by the Department<\/span> or the Board<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOWERS OF DEPARTMENT RELATING TO BAIL ENFORCEMENT AGENTS (\u00a7 9.1-186.3)\n\nA. In addition to the powers otherwise conferred upon it by law, the Department\nmay charge each applicant for licensure or licensee a nonrefundable fee as\nestablished by the Board to (i) cover the costs of processing an application for\nlicensure, enforcement of the regulations, and other costs associated with the\nmaintenance of the program of regulation; (ii) cover the costs of bail recovery\ntraining, processing school certifications and enforcement of training\nstandards; (iii) conduct investigations to determine the suitability of\napplicants for licensure and (iv) conduct investigations to determine if any\ndisciplinary actions against a licensed bail enforcement agent are warranted.\nFor purposes of determining eligibility for licensure, the Department shall\nrequire the applicant to provide personal descriptive information to be\nforwarded, along with the applicant’s fingerprints, to the Central\nCriminal Records Exchange for the purpose of conducting a Virginia criminal\nhistory records search. The Central Criminal Records Exchange shall forward the\nfingerprints and personal description to the Federal Bureau of Investigation for\nthe purpose of obtaining a national criminal record check.\n\nB. The Director or his designee may make an ex parte application to the circuit\ncourt for the city or county wherein evidence sought is kept or wherein a\nlicensee does business for the issuance of a subpoena duces tecum in furtherance\nof the investigation of a sworn complaint within the jurisdiction of the\nDepartment or the Board to request production of any relevant records, documents\nand physical or other evidence of any person, partnership, association or\ncorporation licensed or regulated by the Department pursuant to this article.\nThe court may issue and compel compliance with such a subpoena upon a showing of\nreasonable cause. Upon determining that reasonable cause exists to believe that\nevidence may be destroyed or altered, the court may issue a subpoena duces tecum\nrequiring the immediate production of evidence. Costs of the investigation and\nadjudication of violations of this article or Board regulations may be\nrecovered. All costs recovered shall be deposited into the state treasury to the\ncredit of the Bail Enforcement Agent Regulatory Fund. Such proceedings shall be\nbrought in the name of the Commonwealth by the Department in the circuit court\nof the city or county in which the unlawful act occurred or in which the\ndefendant resides. The Director, or agents appointed by him, shall have the\nauthority to administer oaths or affirmations for the purpose of receiving\ncomplaints and conducting investigations of violations of this article, or any\nregulation promulgated hereunder and to serve process issued by the Department\nor the Board.\n\nHISTORY: 2004, c. 397.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}