§ 59-1316. Signing of bonds - Submission of agreements for approval - Suspension of bail agents - Receipt - Power of attorney.  


Latest version.
  • A.  1.  A bail bondsman shall neither sign nor countersign in blank any bond, nor shall the bondsman give a power of attorney to, or otherwise authorize, anyone to countersign the name of the bail bondsman to bonds unless the person so authorized is a licensed surety bondsman or managing general agent appointed by a licensed professional bondsman giving the power of attorney.  The professional bondsman shall submit to the Insurance Commissioner the agreement between the professional bondsman and the appointed bondsman.  The agreement shall be submitted to the Commissioner prior to the appointed bondsman writing bonds on behalf of the professional.  The professional bondsman shall notify the Commissioner whenever any appointment is canceled.  If the bondsman surrenders the professional qualification, or the professional qualification is suspended or revoked, or if an insurer authorized to write bail bond business surrenders their bail surety line of authority, or this line of authority is suspended or revoked, then the Commissioner shall suspend the appointment of all of the bail agents of the professional bondsman or insurer.  The Commissioner shall immediately notify any bail agent whose license is affected and the court clerk of the agent's resident county upon the suspension or revocation of the qualification of the professional bondsman.  If the professional qualification or the bail surety line of authority is reinstated within twenty-four (24) hours, the Commissioner shall not be required to suspend the bail agent appointments.  If the Commissioner reinstates the professional qualification within twenty-four (24) hours, the Commissioner shall also reinstate the appointment of the bail agents of the professional bondsman or bail insurer.  If more than twenty-four (24) hours elapse following the suspension or revocation, then the professional bondsman or insurer shall submit new agent appointments to the Commissioner.

    2.  Bail bondsmen shall not allow other licensed bondsmen to present bonds that have previously been signed and completed.  The bail bondsman that presents the bond shall sign the form in the presence of the official that receives the bond.

    B.  Premium charged shall be indicated on the appearance bond prior to the filing of the bond.

    C.  At the time of payment, a bail bondsman shall provide the indemnitors with a proper receipt which shall include fees, premium or other payments and copies of any agreements executed relating to the appearance bond.

    D.  All surety bondsmen or managing general agents shall attach a completed power of attorney to the appearance bond that is filed with the court clerk on each bond written.

    E.  Any bond written in this state shall contain the name and last-known mailing address of the bondsman and, if applicable, of the insurer.

Added by Laws 1965, c. 184, § 16, eff. Jan. 1, 1966.  Amended by Laws 1984, c. 225, § 17, emerg. eff. May 23, 1984; Laws 1989, c. 257, § 7, eff. Nov. 1, 1989; Laws 1990, c. 195, § 6, emerg. eff. May 10, 1990; Laws 1993, c. 170, § 3, eff. Sept. 1, 1993; Laws 2004, c. 550, § 1, eff. July 1, 2004; Laws 2005, c. 386, § 4, eff. Nov. 1, 2005; Laws 2008, c. 184, § 29, eff. July 1, 2008; Laws 2009, c. 176, § 58, eff. Nov. 1, 2009; Laws 2010, c. 222, § 60, eff. Nov. 1, 2010; Laws 2013, c. 150, § 6, eff. Nov. 1, 2013.