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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