The DIFP has filed several new licensing actions on its web site. The department has refused to issue two new bail bond licenses to individuals who have felony convictions in their backgrounds.
The DIFP has also refused to renew Gerald Franks’ general agent license. According to the department’s order, Franks’ license was not renewed because of his conviction in Daviess County in 2006. Franks was disciplined last February for this conviction. After a lengthy process, last February the Director ruled that because of mitigating factors, Franks’ license should be suspended for three days.
Franks submitted a renewal application in August. The Director’s refusal order states that in the February administrative action, the Director had full discretion to impose a three day suspension for the conviction of possession of a controlled substance. The new order states that on January 1, 2007, the qualification standard of the Missouri Supreme Court for bail bond agents was substantially raised for recent prior criminal history. The Director said, “As Applicant has failed to submit proof that he ‘meets the qualifications for surety on bail bonds as provided by supreme court rule’ under 374.715.1 RSMo, the Director has no discretion to issue the bail bond license.”
The director also stated: “Despite decisions by the Administrative Hearing Commission that could be subject to an interpretation that the law in effect at the time of the plea
should be applied, the Director believes that Rule 33.17 is currently effective and is intended by the Missouri Supreme Court to guide all Missouri courts charged with administering the qualifications for bail bond agents operating in those courts. For the Director to apply a conflicting or different qualification standard would produce the very undesirable result of the executive branch granting licenses to individuals, but who are unqualified by review in the judicial branch. For all of these reasons, and even if the 374.715 could be interpreted in such a manner to not mandate disqualification of the Applicant, the Director now exercises his discretion in refusing to renew the Applicant."
Franks and the other two applicants have thirty days to file for a hearing before the Administrative Hearing Commission.
Thursday, September 6, 2007
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