33-17-1602. Surety bail bond insurance license -- basic course of training -- temporary license.
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33-17-1602 . Surety bail bond insurance license -- basic course of training -- temporary license.
(1)Except as otherwise provided in this section, an applicant for a surety bail bond insurance license shall satisfactorily complete a basic course of training for bail enforcement agents that is approved by the commissioner.
(2)Before approving an application for a surety bail bond insurance license, the commissioner shall verify that the individual:
(a)holds a high school diploma, general equivalency diploma, or equivalent; and
(b)has no felony convictions or offenses involving dishonesty, violence, or controlled substances.
(3)Applicants shall complete a 16-hour basic training course that includes instruction in:
(a)constitutional law and civil liability;
(b)rights of individuals in custody;
(c)use of force guidelines;
(d)procedures for arresting and surrendering defendants;
(e)handling individuals with mental health or substance use challenges;
(f)defensive tactics;
(g)bail bond ethics; and
(h)report writing and form completion.
(4)Once every 2 years, licensees shall complete continuing education that includes high-quality relevant instruction for:
(a)1 hour on updates to state and federal laws affecting the bail industry; and
(b)4 hours of approved credits on general bail industry knowledge or trends that is provided by a recognized state or national bail industry association or any other approved provider.
(a)The commissioner may issue a temporary license valid for up to 12 months, allowing applicants to operate under supervision while completing training requirements. Supervision must be provided by a licensed surety bail bond agent who:
(i)has been licensed and actively in business in Montana for at least 5 consecutive years;
(ii)is a resident of the state; and
(iii)is in good standing with the commissioner of insurance, with no disciplinary actions or violations within the past 5 years.
(b)Renewal of the temporary license is prohibited to ensure timely completion of all training and licensing requirements.
(6)Existing licensed surety bail bond agents are exempt from initial training requirements but shall participate in the biennial continuing education program.
(a)In lieu of completing the basic course of training required by subsection (1), an applicant may submit proof to the commissioner that the applicant has completed a course of training required by a municipal, state, or federal law enforcement agency or a branch of the armed forces to carry out the duties of a peace officer.
(b)Proof of on-the-job training in the basic course of training areas is sufficient for the commissioner to find that granting a surety bail bond insurance license is in the public interest. The commissioner's decision whether to grant or deny a waiver under this subsection
(7)is not subject to the provisions provided in Title 33, chapter 1, part 7.
(8)An applicant for a surety bail bond insurance license shall complete the training required by this section within 12 months after the date the applicant is employed by a licensed surety bail bond agent. The commissioner may issue a temporary license to an applicant who has not completed the training if the applicant is otherwise qualified to be issued a license as a surety bail bond agent. The temporary license:
(a)authorizes the applicant to act as a surety bail bond agent while employed by a licensed surety bail bond agent;
(b)is valid for up to 12 months; and
(c)may not be renewed.