§59-1316. Signing of bonds - Submission of agreements for approval
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- Suspension of bail agents - Receipt - Power of attorney.
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 or multicounty agent bondsman giving the power of attorney. The professional bondsman or multicounty agent bondsman shall notify the Commissioner whenever any appointment is canceled. If the bondsman surrenders the professional or
multicounty agent bondsman qualification, or the professional or multicounty agent bondsman qualification is suspended or revoked, or if a surety company 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, multicounty agent bondsman or surety company. 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 or multicounty agent bondsman or surety company.
If the professional or multicounty agent bondsman 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 or multicounty agent bondsman qualification or the bail surety line of authority within twenty-four
(24)hours, the Commissioner shall also reinstate the appointment of the bail agents of the professional bondsman, multicounty agent bondsman or surety company. If more than twenty- four
(24)hours elapse following the suspension or revocation, then the professional bondsman, multicounty agent bondsman or surety company 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. 1. At the time he or she receives payment for the issuance of an appearance bond, a bail bondsman shall provide the payor or indemnitors with a proper receipt and copies of any agreements executed relating to the appearance bond.
2. Any receipt provided by a bondsman shall be individually numbered and include:
a. the precise amount of the fees, premium, collateral,
or other payments received by the bondsman,
b. the full name of the defendant,
c. the defendant's case number if it is available, and
d. full name of the individual(s) presenting the payment.
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; Laws 2014, c. 385, § 2, eff. Nov. 1, 2014; Laws 2015, c. 110, § 8, eff. Nov. 1, 2015; Laws 2016, c. 203, § 9, eff. Nov. 1, 2016.