AHC Issues Decision in Joyce Case

The Administrative Hearing Commission has issued its third decision regarding the license of bondsman Phillip Joyce. In the latest decision, the AHC ruled that Joyce’s license should be denied because he does not meet the qualifications for licensure under Missouri Supreme Court rules as required by RSMO 374.715.1. The DIFP refused to renew Joyce's license last year. The DIFP's order stated that Joyce's license had been refused because he was convicted in 1995 of stealing by deceit in Scott County, Missouri, and pled nolo contendere to the same type of charge in Craighead County, Arkansas. The DIFP alleged that Joyce was not qualified for a bail bond license because the Department must apply the current licensing statutes retrospectively, that because of Joyce’s convictions, he does not meet supreme court rule, and that he committed fraud or deception by not disclosing his nolo contendere case in Arkansas on his application. Joyce appealed the DIFP’s decision by filing a complaint with the AHC. The AHC quoted RSMO 374.715.1 which states that an applicant must prove that he/she meets the qualifications for surety on bail bonds as provided by supreme court rule. [Emphasis added by AHC.] The AHC ruled, “The felony convictions and pleas disqualify Joyce from acting as a surety on bail bonds. Because Joyce failed to submit proof that he ‘meets the qualifications for surety on bail bonds as provided by supreme court rule’ under RSMO 374.715.1, we have no discretion to issue the bail bond license.” The AHC also said, “The Supreme Court Rule is even more clear, using the language: ‘Has not, within the past 15 years, been found guilty of or pleaded guilty or nolo contendere . . . .’ The rule references past conduct as a basis to determine whether an application should be denied…….That the Director and this Commission granted Joyce’s application in the past does not affect our decision in this case, under different circumstances and different interpretation of the laws.”

The AHC had ruled on Joyce’s license on two other occasions. In 1998, the AHC ruled that the licensing provisions regarding the licensing of felons (in effect at that time) were permissive and not mandatory. The AHC ruled that although Phillip Joyce was a convicted felon, he should be granted a bail bond license. The Commission ruled that Joyce exhibited a good reputation in his new community, was resolved not to repeat his mistakes, and was candid about his convictions. The AHC concluded that these factors outweighed the felony convictions and granted him a license. Two years later Joyce applied for a general bail bond license and his application was denied by the Department of Insurance for the same reason, felony convictions. Again, Joyce appealed to the AHC. This time the AHC ruled in favor of the Department of Insurance. The AHC ruled that the wording of the applicable statutes and Missouri Supreme Court Rules prohibited the issuance of a general bail bond license. The commission said that a general bail bond agent shall meet the qualifications for surety on bail bonds as provided by supreme court rule..... and supreme court rule 33.17(c) states that the surety has not been convicted of any felony under the laws of any state or the United States. (The Supreme Court rule has since been amended to include the 15 year clause.)

Previous Posts on Joyce Decisions:
DIFP Refuses to Renew Joyce License 7/13/2007
Joyce Decisions-Defining Bail Bond Law 4/24/2006