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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 390. Council on Law Enforcement Education and Training |
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Chapter 60. Regulating Bail Enforcers |
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Subchapter 7. Disciplinary Actions |
SECTION 390:60-7-2. Grounds for actions
Latest version.
- (a) CLEET may take a disciplinary action against a license issued under this Chapter, if the Licensee:(1) violates any provisions of the Bail Enforcement and Licensing Act or CLEET Rules;(2) practices fraud, deceit or misrepresentation;(3) commits an act which would disqualify the Licensee;(4) is convicted of a crime related to the practice of the occupation;(5) is willfully or grossly negligent in failing to comply with substantial provisions of federal law or state statute governing the practice of the occupation;(6) invades the privacy of a defendant without lawful authority;(7) divulges any information gained by the Licensee in the course of employment, unless as directed by the client, as permitted by law, or as required by statute or rule;(8) willfully makes a false report to any person;(9) attempts to locate, recover, or surrender a defendant without having in the Licensee's possession a certified copy of the undertaking or bail bond contract;(10) carries any firearm or weapon in the recovery of a defendant without a valid Armed Bail Enforcer license;(11) carries any firearm or weapon when wearing Bail Enforcer apparel and not actively engaged in the recovery of a defendant, unless provided otherwise by the Act and these Rules;(12) points, displays, brandishes, or discharges a firearm or weapon in the recovery of a defendant without lawful authority and training as provided by statute and Rules;(13) administers a noxious substance without lawful authority and training as provided by statute and Rules;(14) unlawfully enters the dwelling house, structure, property, or vehicle of a defendant or a third party;(15) improperly uses force against a defendant or third-party;(16) disobeys any local ordinance, state, federal, or tribal law, including traffic laws, in attempting to locate, recover, or surrender a defendant;(17) makes any erroneous or false statement in an application for a license;(18) fails to successfully complete any prescribed course of training and testing;(19) is convicted of, or enters a plea of guilty or no contest, or an "Alford" plea to any crime listed in the Bail Enforcement and Licensing Act;(20) uses any beverage containing alcohol while armed with a firearm or other weapon;(21) impersonates a law enforcement officer;(22) is charged in a court of competent jurisdiction with any crime involving a minor.(b) A certified copy of a Judgment and Sentence, or of an Order Deferring Imposition of Judgment and Sentence, or of a plea of guilty or no contest shall be considered clear and convincing evidence of the court proceedings set out in the document.(c) A certified copy of an Information or Indictment shall be considered clear and convincing evidence of institution of criminal charges involving a minor.(d) The involuntary commitment of a Licensee in a mental institution or licensed private mental health facility for any mental illness, condition or disorder that is diagnosed by a licensed physician or psychologist as 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. Provided, the license may be reinstated if at least one (1) year has passed since the date of involuntary commitment and upon the Council receiving notification of a psychological evaluation conducted by a licensed physician or psychologist which attests and states by affidavit that the Licensee and the evaluation test data of the Licensee have been examined and that, in the professional opinion of the physician or psychologist, the Licensee is psychologically suitable to return to duty as a Bail Enforcer.