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UNITY BAIL ALLIANCE ASSOCIATION OF BAIL AGENTS VIRGINIA

PROFESSIONAL STANDARDS AND DISCIPLINARY COMMITTEE PROCEDURES


1. Complaint referrals from any source shall be directed to the Professional Standards and Disciplinary Committee. The Professional Standards and Disciplinary Committee shall have a Chairman and a Solicitor, and shall have at least Five (5) other members. The Chair shall be a licensed bail bondsman and the Solicitor shall not be a licensed bail bondsman, but shall be someone familiar with bail bond regulations and applicable statutes. Upon receipt of any complaint, the Solicitor shall conduct an investigation to determine if probable cause exists to suspect that the subject of the complaint violated any rules or regulations under the Code of Virginia 9.1-185.8, or any other section of the Code of Virginia pertaining to rules and regulations governing licensed bail bondsmen. 2. The Solicitor may, in his/her discretion: a) Resolve the matter on an informal basis with the consent of the Chair, if the Solicitor determines that insufficient evidence exists to proceed with a hearing (In such case, the full committee shall have oversight and shall review these decisions at their next scheduled meeting, or; b) Refer the matter to the Professional Standards and Disciplinary Committee Chair for the scheduling of a hearing. 3. Upon receipt of a referral from the Solicitor, the Professional Standards and Disciplinary Committee Chair shall schedule the matter for the next available Professional Standards and Disciplinary Committee docket, at which time the complaint shall be heard. The Chair shall empanel at least three (3) licensed bail bondsmen from the committee, who are certified by the Chair to act as fact finders in Professional Standards and Disciplinary Committee hearings. At no time shall any licensed bail bondsman be appointed to a panel in which he/she will be reviewing complaints about another licensed bail bondsman with whom they directly compete in their day to day business of bail bonding. Notice of the hearing shall be sent to the complainant and the subject of the complaint. HEARING 4. If the matter is set for formal hearing, the following processes and procedures shall be followed: a) Written notice shall be sent to the licensed bail bondsman, by the Solicitor, setting a hearing date no later than 60 calendar days from the date of notification. The notice shall include a summary of the allegation(s), copies of all relevant documents in the Solicitors possession which form the basis for the allegation(s), and a copy of the rules and procedures as set forth herein.

b) "Evidence" to be considered at the hearing shall be limited to the facts alleged and discovered, which form the basis for the instant referral. Any other previous Professional Standards and Disciplinary Committee hearings, which resulted in any adverse action being taken against the licensed bail bondsman, may be considered in determining what, if any, appropriate consequences may be imposed by the panel or recommended in a DCJS referral. c) Not later than 15 calendar days prior to the date set for the hearing, the Solicitor shall submit to the referred licensed bail bondsman a witness list and a copy of any additional documents which the Solicitor intends to introduce as evidence at the hearing relative to a determination of the merits of the complaint(s) and/or any remedial action. d) Not later than 10 calendar days prior to the date set for the hearing, the referred licensed bail bondsman shall submit to the Solicitor a witness list and a copy of all documents he/she intends to introduce as evidence at the hearing relative to a determination of the merits of the complaint(s) and/or any remedial action. If the licensed bail bondsman fails to submit a witness list or documents pursuant to this section, the committee may proceed with a hearing. e) The formal rules of evidence will not apply to Professional Standards and Disciplinary Committee hearings; hearsay is admissible; and either party may proceed on the basis of documentary evidence only. f) The referred licensed bail bondsman and the Solicitor may call and cross-examine witnesses. g) The standard of proof required to impose and or recommend any form of action against the referred licensed bail bondsman shall be by clear and convincing evidence. h) The referred licensed bail bondsman may be represented at the hearing, and, if represented, shall notify the Solicitor of such representation at least 2 business days prior to the hearing. i) The Hearing shall be recorded by audio tape recording and a transcript of each hearing shall be maintained. 5. Upon completion of the formal hearing, the Professional Standards and Disciplinary Committee panel which heard the complaint must issue written findings and an order within 10 calendar days and shall send a copy of its findings and order to the Chair who will in turn notify the referred licensed bail bondsman, the Solicitor, the original complainant(s), and the full Committee. No provision contained herein shall prohibit any such panel from issuing an order, ruling, and or recommendation at the immediate conclusion of the hearing. HEARING CONSEQUENCES 6. Appropriate action, dependent upon the nature of the conduct and the findings of the Sub-committee and any prior disciplinary referrals which resulted in remedial action being imposed against the referred licensed bail bondsman, may include, but is not limited to:

a) No action taken b) Verbal and/or written reprimand c) Probation upon certain terms and conditions, if the licensed bail bondsman is a member in good standing of the Unity Bail Alliance Association of Virginia Bail Agents. d) An agreement by the licensed bail bondsman to allow appropriate monitoring of the bondsmans conduct and performance by a Professional Standards and Disciplinary Committee member, if the licensed bail bondsman is a member in good standing of the Unity Bail Alliance Association of Virginia Bail Agents. e) Periodic Status reviews by the Professional Standards and Disciplinary Committee. f) Other appropriate remedial measures g) Referral to the Department of Criminal Justices Services (Virginia Regulatory Authority), with a recommendation that a monetary penalty (fine) be assessed. h) Referral to the Department of Criminal Justice Services (Virginia Regulatory Authority), with a recommendation that the licensed bail bondsmans license be suspended for a specific period of time. i) Referral to the Department of Criminal Justice Services (Virginia Regulatory Authority), with a recommendation that the licensed bail bondsmans license be revoked. 7. If the referred licensed bail bondsman is referred to the Department of Criminal Justice Services (DCJS) for further action, the Chair shall forward all evidence presented in the hearing, a transcript of the hearing, and certification of the finding of the panel to DCJS with a request that the matter be considered in a reasonable and prudent manner. 8. If the panel finds that evidence of criminal misconduct may have occurred, the Chair may forward all evidence presented in the hearing, a transcript of the hearing, and certification of the finding of the panel to the appropriate Commonwealths attorney and or law enforcement agency.

Amended and Approved by the Unity Bail Alliance February 28, 2012 Yeas 6 Nays 0 Not Voting 1

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