Wednesday, February 17, 2016

Bail Licensing Regulations in California



BAIL LICENSING REGULATIONS 

The following are short and not necessarily accurate or complete summaries of the following Insurance Code sections that pertain to bail licensees. 

Do any of these statutes define a criminal act?

To read the full versions of INSURANCE CODE SECTIONS 1800-1823

1800. Execution of bail undertaking
1800.4 makes the distinction that a “bail bond” is not executed by a surety insurer.

IC § 1800.5  references bonds on auto insurance policies and this code section:

IC § 12147. Bail bond service is the furnishing or procuring by a motor club of a cash deposit or undertaking required by law in order that a person accused of violation of any law may enjoy personal freedom pending trial.

1800.6 regarding cities and counties making further regulations

1800.7  any person may execute or furnish if no consideration is paid and does not violate 1800.75

1800.75 No person shall advertise or hold  himself out as.. without all proper licenses

1800.8 permits are in addition to all other permitted by law

1801 types of licenses

1802 What a bail agent’s license permits them to do

1802.1 must file a notice of appointment

1802.2 Purchase or succeed a business

BONDS & SECURITIES
1802.5   Bail permittee licensee permits to do

1802.6 permittee may procure bail agent license

1802.7 may deposit securities in lieu of bond

1802.71 bail agent may substitute a bond for securities

1802.72 must wait 3 years after surrender of license to apply for return of securities

1802.73 form of application to request securities

1802.74 publication by commissioner of securities

1802.75 commissioner shall examine books and records of applicant

1802.76 commissioner shall collect costs out of deposited securities if applicant fails to pay

1802.77

1803. BAIL SOLICITOR
1804 Applicant files application, application verified
1805 Reasons commissioner may decline application

1806 not fit and proper person

1807 may suspend or revoke for any reason he could deny

1807.5 hearing requirements to suspend or revoke

1807.7 licenses issued for 2 year terms

1807.8 license term definition

1807.9 license year definition

1808 renewal license applications

1809 unlawful rebate laws do not apply between agents

1810 natural persons and corps may hold license

1810.5 applicant must take and pass exam

1810.6 Exam must be offered twice a year

1810.7 Education prerequisite to take exam

1810.8 Temp license to estate

1810.9 Renewal license

1811 Fees

1812 Commissioner may make rules

1813 Commissioner after notice and hearing in compliance with APA may suspend, revoke, deny

1814 penalties for violation

1815 Commissioner shall publish list of names

1819 Certifying facts

1820 display bail license in office

1821 Proceedings required to refuse a license

1822 change of address

1823 Sureties must keep money in California


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