Licensee representations as a licensee -- Badge -- Identifying clothing

(1) A licensee under this chapter may: (a) not wear a uniform, or use a title or identification card other than the one the division issues under this chapter; or (b) make a statement that would lead a reasonable person to believe the licensee is connected in any way with the federal government or a state or local governmental entity, unless the licensee has received authorization in writing from one of those governmental authorities to do so. (2) A licensee may possess a badge of a design the division and board approve for use by a licensee. (3) The licensee shall wear the badge under Subsection (2) in a manner that prevents the accidental or inadvertent display of the badge to a person in the presence of the licensee. (4) The licensee may display the badge under Subsection (2) only if: (a) the licensee is also at the same time wearing an article of clothing that conspicuously displays on the chest and back of the article of clothing lettering that clearly identifies the licensee as a bail enforcement or recovery agent; (b) the licensee also displays the licensee's identification card described in Section 58-93-310: (i) upon request, while acting as a bail enforcement agent; or (ii) as necessary for the licensee to demonstrate authority while acting as a bail enforcement agent; (c) the licensee is making a planned apprehension of a defendant, and the licensee is also wearing an article of clothing described in Subsection (4)(a) or (5); (d) the licensee is making an apprehension that is unplanned and under exigent circumstances, and the licensee is not wearing clothing described in Subsection (4)(a) or (5); or (e) the licensee is acting as a bail enforcement agent but is not engaged in a planned apprehension or in another situation that does not require that the agent be wearing clothing as described in Subsection (4)(a) or (5) in order to display the badge. (5) A licensee may wear a jacket of a distinctive design or style that bears a printed, embroidered, or otherwise permanently attached symbol, emblem, or insignia that: (a) clearly identifies the wearer as a bail enforcement or recovery agent; and (b) the division and the board approve. (6) When a licensee is acting as a bail enforcement agent and interacts with a law enforcement officer, the licensee shall, at the first opportunity: (a) identify the bail enforcement agent to the law enforcement officer; and (b) provide identification as a bail enforcement agent. (7) If a bail enforcement agent engages in an immediate apprehension and does not have a reasonable opportunity to wear clothing or a badge that identifies the licensee as a bail enforcement agent, the bail enforcement agent shall: (a) identify the bail enforcement agent as a bail enforcement agent; and (b) as soon as practicable, wear clothing that identifies the bail enforcement agent as a bail enforcement agent or a badge described in Subsection (2).