SECTION 390:60-1-3. Definitions  


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  •   CLEET adopts for Rule purposes all definitions specifically set out in the Bail Enforcement and Licensing Act, 59 OS Section 1350 et seq and CLEET Rule 390:1-1-2.1. In addition, these words or terms shall have the following meaning unless the context clearly indicates otherwise:
    "Act" means the Oklahoma Bail Enforcement and Licensing Act, Title 59, O.S., Section 1350, et seq.
    "Applicant" means a person applying for a license under the provisions of the Act.
    "Approved school" means an organization or institution authorized by CLEET to conduct bail enforcement training pursuant to the Act.
    "Armed Bail Enforcer" means a Bail Enforcer having a valid license issued by the Council on Law Enforcement Education and Training authorizing the holder to carry an approved pistol or weapon in the recovery of a defendant pursuant to the Bail Enforcement and Licensing Act.
    "Bail Enforcer" means a person who acts, engages in, solicits or offers services to execute a prior to breach recovery of a defendant on an undertaking or bail bond contract execute a recovery of a defendant for failure to appear on an undertaking or bail bond contract issued in this state, another state or the United States. The term "Bail Enforcer" does not include any law enforcement officer actively employed by a law enforcement Agency recognized in this state, or any of its political subdivisions, another state or the United States, while such officer is engaged in the lawful performance of duties authorized by his or her employing law enforcement Agency, a bondsman licensed in this state and acting under the authority of his or her undertaking or bail contract or a licensed bondsman appointed by an insurer in this state with regard to a defendant on a bond posted by that insurer.
    "Bail Recovery Contract" or "Client Contract" means an agreement to perform the services of a Bail Enforcer for a client. Only a Bail Enforcer licensed by the Council may enter into a client contract to perform the services of a Bail Enforcer. A Bail Enforcer is liable for his or her acts and omissions while executing a recovery of a defendant pursuant to a client contract. "Client" means a bondsman or surety on an undertaking or bail bond contract issued in this state, another state or the United States that enters into a contract for the services of a Bail Enforcer.
    "Conflict of interest" means a conflict or the appearance thereof between the private interests and public obligations of an individual, organization, or other legal entity authorized to conduct business pursuant to the Act.
    "Contract" means, for the purposes of these Rules, an agreement between a person licensed under this Act and a client, to provide bail enforcement services, for a contract labor fee; and where the wages of the Bail Enforcer are paid by the contractor. Such contracts may be oral or written, or in any combination thereof.
    "Contractor" means, for the purposes of these Rules, a contractor is a person or business entity not employed in a direct employer-employee relationship, but instead contracts with a client to provide his or her services as a Bail Enforcer and their services to that client, for a contract labor fee. The term "contractor" shall include "sub-contractor".
    "Conviction" means any final adjudication of guilt, whether pursuant to a plea of guilty or nolo contendere, or an "Alford" plea, or otherwise, and any deferred or suspended sentence or judgment. Conviction does not include any court action in which the court has deferred imposition of judgement and sentence, and the defendant has successfully completed the terms of the deferred judgment, and the court has allowed the defendant to withdraw a plea, and dismissed the case without a court judgment of guilt, and the pleas has been expunged by court order.
    "Currently undergoing treatment for a mental illness, condition, or disorder" means the person has been diagnosed by a licensed physician or psychologist as being afflicted with a substantial disorder of thought, mood, perception, psychological orientation, or memory that significantly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life and such condition continues to exist.
    "Curriculum" means the collective, written documentation of the material content of a training course, or any particular phase of training prescribed by the Act, minimally consisting of course objectives, student objectives, lesson plans, training aids, and examinations.
    "Defendant" means the principal on an undertaking or bail bond contract.
    "Expungement" means a court order expunging any final adjudication of guilt, whether pursuant to a plea of guilty or nolo contendere, or an "Alford" plea, or any plea other than "not guilty," or otherwise. For purposes of these rules, expungement does not include a court order expunging a criminal record because no charges were filed or expunging a criminal record because the accused was acquitted at trial, or because the charges were dismissed on motion of the State prior to entry of any pleas other than "not guilty."
    "Full-time employment" means any Bail Enforcer, who is employed and paid for working twenty-five (25) hours or more per week on a regular basis.
    "Instructor" means a person who directly facilitates learning through means of lecture, group participation, practical exercise, or other means, where there is a direct student-teacher relationship.
    "License" means authorization issued by the Council pursuant to the Bail Enforcement and Licensing Act permitting the holder to perform functions and services as a Bail Enforcer, and the documentary evidence of that authorization.
    "Licensee" means a person authorized by CLEET under the provisions of this Act, to lawfully conduct business as a Bail Enforcer.
    "Noxious Substance" means OC spray, pepper spray, mace or any substance used as a physiological irritant.
    "Over-payment" means monies in excess of the amount due for a license, permit or fine that is returned to the individual or Agency.
    "Person" means, in addition to any natural person, any corporation, company, association, operation, firm, partnership, institution, trust, or other form of business association.
    "Red or blue lens" means any lens which emits the color red or the color blue.
    "Recovery" or "Surrender" means the presentation of a defendant to the public officer competent to receive the defendant into custody.
    "School coordinator" means a person certified by CLEET to coordinate and conduct private security and bail enforcement training at an approved school, and arrange or administer psychological examinations to firearms training students.
    "Training course" means a complete, multi-phase course of instruction required to qualify for a license under the provisions of the Act.
    "Training phase" means a block of training units that comprises a distinct phase in the private security or bail enforcement training course.
    "Training unit" means a unit of instruction within a training phase.
    "Weapon" means taser, stun gun, baton, night stick or any other device used to subdue a defendant, or any noxious substances as defined in the Bail Enforcement and Licensing Act.
[Source: Added at 31 Ok Reg 563, eff 4-1-14 (emergency); Added at 32 Ok Reg 2033, eff 9-11-15]