TITLE 760 DEPARTMENT OF INSURANCE
Final Rule
LSA Document #05-133(F)
DIGEST
Authority:
IC 27-10-2-1
(Department of Insurance; 760 IAC 1-6.2-1; filed Jul 28, 1994, 4:00 p.m.: 17 IR 2862; readopted filed Sep 14, 2001, 12:22 p.m.: 25 IR 530; filed Jun 30, 2006, 3:30 p.m.: 20060726-IR-760050133FRA)
Authority:
IC 27-10-2-1
Sec. 1.5. The following definitions apply throughout this rule:
(2) "Commissioner" means the commissioner of the department.
(3) "Continuing education class" means classes available to licensed bail or recovery agents on topics related to the bail industry necessary to renew a license under IC 27-10-3-7(b).
(4) "Department" means the department of insurance.
(5) "Prelicensing class" means a classroom course of study to prepare an applicant for taking the examination test as required by IC 27-10-3-3(a)(4) and IC 27-10-3-5(4).
(6) "Provider" means a person or entity that offers an approved prelicensing or continuing education class.
(7) "Qualified instructor" means a person who has obtained a high school diploma and also meets one (1) of the following criteria:
(A) Holds a valid teaching license in the state of Indiana.
(B) Has a minimum of ten (10) years of managerial, supervisory, or teaching experience in the bail industry.
(C) Holds a property and casualty insurance producer license with the designation of:
(i) CPCU;
(ii) FLMI;
(iii) CIC; or
(iv) CHFC.
A qualified instructor must be compliant with all applicable state laws and 18 U.S.C. 1033 and may not have a bail agent or recovery agent license or insurance producer license that is, or has in the past been, suspended or revoked in Indiana or any other state without the express written consent of the commissioner.
(8) "Recovery agent" has the meaning set forth in IC 27-10-1-9.
(9) "Structured setting" means a class that meets at a:
(A) set time; and
(B) fixed location.
The term does not include on-line or self-study classes.
(Department of Insurance; 760 IAC 1-6.2-1.5; filed Jun 30, 2006, 3:30 p.m.: 20060726-IR-760050133FRA)
760 IAC 1-6.2-2 Soliciting business; actions considered
Authority:
IC 27-10-2-1
Sec. 2. (a) A bail agent or a recovery agent shall be deemed to be soliciting business in violation of the law if the bail agent or recovery agent, while present in any:
(1) jail;
(2) sheriff's office;
(3) constable's office;
(3) police station;
(4) courthouse; or
(5) courtroom;
without invitation, speaks with, approaches, or communicates with, in writing or otherwise, any person, with the intent to solicit bail business.
(b) This rule does not prevent a bail agent or a recovery agent from being in and around a:
(1) jail;
(2) sheriff's office;
(3) constable's office;
(4) police station;
(5) courthouse; or
(6) courtroom;
when called there by a client or for the purpose of seeing that the defendants on whom the bonds have been written are present.
760 IAC 1-6.2-3 Solicitation on bail agent's behalf by unlicensed person
Authority:
IC 27-10-2-1
Sec. 3. (a) Any licensed bail agent who knowingly permits any person, not licensed as a bail agent, to solicit business in on the agent's behalf as prohibited by law, shall be deemed to be in violation of the law.
(b) Any person, not licensed as a bail agent, who:
(1) is connected with a bail agent or an authorized a surety company; and who
(2) makes unsolicited contact with a defendant prior to before the approval or acceptance of the bond by a proper officer;
shall be deemed to be soliciting bail bonds without a license.
Authority:
IC 27-10-2-1
Sec. 4. Any licensed bail agent acting on behalf of an authorized surety company must attach to each bond a numbered, duly original properly executed power of attorney from the surety company in an amount of at least the penalty of the bond.
(Department of Insurance; 760 IAC 1-6.2-4; filed Jul 28, 1994, 4:00 p.m.: 17 IR 2862; readopted filed Sep 14, 2001, 12:22 p.m.: 25 IR 530; filed Jun 30, 2006, 3:30 p.m.: 20060726-IR-760050133FRA)
760 IAC 1-6.2-5 Receipts for receiving and returning collateral
Authority:
IC 27-10-2-1
Sec. 5. (a) When a bail agent accepts collateral, the agent shall give a written receipt. The receipt shall
do the following:
(1) Identify the bond for which the collateral was received.
(2) Give a full description of the collateral.
(3) Name the individual giving the collateral. and
(4) Specify the terms for redemption of the collateral.
(b) When a bail agent returns collateral, the agent shall give a written receipt. The receipt shall
do the following:
(1) Identify the bond for which the collateral was received.
(2) Give a full description of the collateral returned. and
(3) Include the signature of the person to whom the collateral was returned.
760 IAC 1-6.2-6 Manner of conducting business; capacity in which bail agent acts
Authority:
IC 27-10-2-1
Sec. 6. Every bail agent and recovery agent shall conduct the agent's business in such a manner that the public and those dealing with the agent shall be aware of the capacity in which the agent is acting. No bail agent or recovery agent shall misrepresent his or her authority.
(Department of Insurance; 760 IAC 1-6.2-6; filed Jul 28, 1994, 4:00 p.m.: 17 IR 2862; readopted filed Sep 14, 2001, 12:22 p.m.: 25 IR 530; filed Jun 30, 2006, 3:30 p.m.: 20060726-IR-760050133FRA)
760 IAC 1-6.2-7 Gifts to public officials or prisoners prohibited; gifts to relatives permitted
Authority:
IC 27-10-2-1
Sec. 7. No bail agent shall give, directly or indirectly, any gift of any kind to
any of the following:
(1) A public official.
(2) An employee of any government agency. or
(3) A prisoner in any jail or place of detention.
This section shall not prevent the customary giving of gifts to relatives by blood or marriage.
760 IAC 1-6.2-8 Records must be kept; information required
Authority:
IC 27-10-2-1
Sec. 8. (a) Every bail agent shall keep complete records of all business done under authority of the:
(1) agent's license; or under the authority of the
(2) license of any bail agent employed by the agent.
All records kept by such the bail agent, including all documents and copies thereof, shall be open to inspection or examination by the commissioner of the department of insurance or his or her representatives at all reasonable times at the principal place of business of the bail agent as designated in the bail agent's license.
(b)
Such The records for each bail bond executed shall include, but not be limited to, the following:
(1) The original application for a bond.
(2) A copy of the power of attorney used pursuant to the application and issued bond.
(3) A dated, serially numbered receipt for premium payment evidencing the power of attorney used for the bond, signed by both
of the following:
(A) The paying individual. and
(B) The receiving bail agent.
(4) Collateral receipts, if any, issued for each bond.
(5) Complete accounting records reflecting all premiums received and disbursements.
Authority:
IC 27-10-2-1
Sec. 8.5. A bail agent shall maintain a current address with the department. Any change of address shall be submitted to the department, in writing, within thirty (30) days.
(Department of Insurance; 760 IAC 1-6.2-8.5; filed Jun 30, 2006, 3:30 p.m.: 20060726-IR-760050133FRA)
760 IAC 1-6.2-9 Acceptance of collateral for bail bond; collateral receipt required
Authority:
IC 27-10-2-1
Sec. 9. (a) Each bail agent who accepts collateral security for a bail bond shall for such bail bond written, make maintain a copy of the bond and shall attach to each such bail bond a copy of the receipt for such the collateral received.
(b) The copy of the receipt for the collateral security is not required to be filed with the court.
(c) A bail agent may not refuse to return collateral based solely on the fact a person lost his or her receipt for the collateral.
(Department of Insurance; 760 IAC 1-6.2-9; filed Jul 28, 1994, 4:00 p.m.: 17 IR 2863; readopted filed Sep 14, 2001, 12:22 p.m.: 25 IR 530; filed Jun 30, 2006, 3:30 p.m.: 20060726-IR-760050133FRA)
760 IAC 1-6.2-10 Contract between principal and surety; terms and conditions
Authority:
IC 27-1-3-7
Sec. 10. (a) The terms and conditions of all contracts entered into between a principal and a surety for a bail bond shall set forth
the:
(1) the bond number;
(2) the date;
(3) the amount of the premium; and
(4) the name of the surety company;
on the form prescribed approved by the commissioner. of the department of insurance. A specimen form of such the terms and conditions appears in subsection (b). Any other form may be used upon the approval of the commissioner of the department of insurance which that meets the minimum standards of the specimen form.
(b) The following is an example of the terms and conditions of a contract between a principal and a surety:
TERMS AND CONDITIONS
The following terms and conditions are an integral part of this application for appearance bond # _____ dated _____ for which _____ Surety Company or its agents shall receive a premium in the amount of _____ ($_____) Dollars, and the parties agree that said appearance bond is conditioned upon full compliance by the principal with all said terms and conditions and is a part of said bond and application therefor.
1. _____ Surety Company as bail, shall have control and jurisdiction over the principal during the term for which the bond is executed and shall have the right to apprehend, arrest, and surrender the principal to the proper officials at any time as provided by law.
2. It is understood and agreed that the happening of any one of the following events shall constitute a breach of principal's obligations to _____ Surety Company hereunder, and _____ Surety Company shall have the right to forthwith apprehend, arrest, and surrender principal, and principal shall have no right to any refund of premium whatsoever. Said events which shall constitute a breach of principal's obligations hereunder are:
(a) If principal shall depart the jurisdiction of the court without the written consent of the court and _____ Surety Company or its agent.
(b) If principal shall move from one address to another within the State of Indiana without notifying _____ Surety Company or its agent in writing prior to said move.
(c) If principal shall commit any act which shall constitute reasonable evidence of principal's intention to cause a forfeiture of said bond.
(d) If principal shall make any material false statement in the application.
(e) If principal is arrested and incarcerated for any offense other than a minor traffic violation.
Signed, sealed, and delivered this _____ day of _____ 19 20 _____
___________________________
Signature of Applicant
___________________________
Mailing Address
___________________________
Telephone Number
(Department of Insurance; 760 IAC 1-6.2-10; filed Jul 28, 1994, 4:00 p.m.: 17 IR 2863; readopted filed Sep 14, 2001, 12:22 p.m.: 25 IR 530; filed Jun 30, 2006, 3:30 p.m.: 20060726-IR-760050133FRA)
760 IAC 1-6.2-11 Prelicensing and continuing education classes
Authority:
IC 27-10-3-21
Sec. 11. (a) Prelicensing and continuing education classes must be filed with and approved by the commissioner. Any of the following persons or entities may submit a prelicensing or continuing education class for approval:
(1) An individual.
(2) An insurance company.
(3) An insurance or bail trade organization.
(4) An accredited college.
(5) An insurance education association.
(b) A prelicensing or continuing education class shall include instruction for bail and recovery agents in the following areas:
(2) This rule.
(3) Practical application of the statutory requirements in the field of bail bonds.
(4) Other provisions of Indiana statutes that affect bail and recovery operation including, but not limited to, IC 35.
(5) Ethics.
(6) Applicable federal laws.
(7) Technological and procedural resources used in bail and recovery operations.
All classes must be held in a structured setting with a qualified instructor approved by the commissioner under section 12 of this rule.
(c) The application for approval shall include the following information:
(1) An outline for the class including the time allocated to each topic.
(2) The class materials that will be used for teaching.
(3) The information that will be submitted to the attendees.
(4) The location where the class will be held.
(d) The application for approval shall be submitted to the commissioner along with a filing fee in the amount of forty dollars ($40) per class. The commissioner shall review the proposed class and approve or disapprove the class within ninety (90) days. If the commissioner fails to act, the class is deemed approved after ninety (90) days. A request for a hearing on any denial must be presented in writing to the commissioner within thirty (30) days after the denial is issued. A class approval is valid for one (1) year. Thereafter, the program or class must be resubmitted for review.
(e) The provider shall issue a certificate of compliance, on the form provided in section 14 of this rule, to each attendee at the end of the class. The certificate of completion shall certify that the applicant:
(1) has satisfactorily completed the class; and
(2) was present in a structured setting with an approved instructor for the requisite time period.
The provider of the class shall take attendance, signed by the attendee, at each class. The provider shall retain attendance reports for four (4) years.
(f) The commissioner may, after notice and an opportunity for a hearing, do the following:
(1) Withhold, withdraw, suspend, or revoke the approval of a prelicensing or continuing education class if the commissioner finds any of the following:
(A) The provider or an instructor has made a material misrepresentation on any of the following:
(i) The application for approval.
(ii) A certificate of completion.
(iii) Attendance records.
(B) The provider fails to timely provide certificates of completion.
(C) The provider or an instructor does not display competence in the area of teaching, bail issues, or recovery issues.
(D) The instructor substantially deviates from the approved class materials.
(2) Assess a fine or suspend or revoke a bail or recovery agent license if the commissioner finds that the bail or recovery agent has made a material alteration to a certificate of completion.
(g) The commissioner shall maintain a current list of approved bail agent prelicensing and continuing education providers.
(h) A course [sic., that] has been approved by the Professional Bail Agents of the United States shall be approved by the department.
(i) A program that provides a bail agent professional designation may be approved by the department as continuing education.
(Department of Insurance; 760 IAC 1-6.2-11; filed Jun 30, 2006, 3:30 p.m.: 20060726-IR-760050133FRA)
Authority:
IC 27-10-3-21
Sec. 12. (a) An instructor must be a qualified instructor and approved by the commissioner to teach a prelicensing or continuing education class. A qualified instructor that has been approved by the commissioner may teach any bail or recovery agent class that has been approved by the commissioner.
(b) A qualified instructor may become approved by submitting an application on a form prescribed by the department.
(c) The application for approval shall be accompanied by an application fee of twenty dollars ($20).
(d) Approval of an instructor is valid for two (2) years.
(e) The commissioner may, after notice and an opportunity for a hearing, withhold, withdraw, suspend, or revoke the approval of an instructor if the commissioner finds any of the following:
(1) The instructor has made a material misrepresentation on any of the following:
(A) The application submitted to the commissioner.
(B) A certificate of completion.
(C) Attendance records.
(2) The instructor displays incompetence or deviates substantially from the approved class material.
(Department of Insurance; 760 IAC 1-6.2-12; filed Jun 30, 2006, 3:30 p.m.: 20060726-IR-760050133FRA)
Authority:
IC 27-10-3-21
Sec. 13. (a) A prelicensing or continuing education hour is based on a one (1) hour block of time. Fifty (50) minutes of instruction in a sixty (60) minute period of time will constitute one (1) credit hour.
(b) Education credit hours will be approved in not less than one-half (½) hour increments.
(c) One (1) education credit hour is the minimum number of hours that will be approved for any prelicensing program or continuing education class. Eight (8) hours of classroom instruction per day is the maximum number of hours that will be approved for any prelicensing program or continuing education class.
(Department of Insurance; 760 IAC 1-6.2-13; filed Jun 30, 2006, 3:30 p.m.: 20060726-IR-760050133FRA)
Authority:
IC 27-10-3-21
Sec. 14. (a) The certificate of completion for a prelicensing class required by section 11 of this rule is as follows:
|
| CERTIFICATE OF COMPLETION |
| PRELICENSING |
| BAIL BOND OR RECOVERY AGENT LICENSE |
| This Certificate must be presented at the examination site and must be accompanied by two (2) forms of identification, one of which must include a photograph. This Certificate is valid for six (6) months after the date issued. |
| | |
| ___________________________ | | _______________________________ |
| Name of Student | | Date of Birth |
| ___________________________ | | _______________________________ |
| Name of School | | Address of School |
| ___________________________ | | _______________________________ |
| Name of Instructor | | City/State Zip Code |
| | | | | | | |
| Days of Week Class Offered (circle): | M | T | W | TH | F | S | S |
|
| Date and Time of Class: ________________________________________________ |
| Total number of hours of class instruction received by applicant at the above location and time and in the presence of the above instructor(s) ______________ |
| I hereby certify, under penalty of perjury, that the above information is true and correct to the best of my knowledge and belief and I understand that a false statement is cause for denial, suspension, or revocation of a class approval. |
| | |
| ___________________________ | | ______________________________ |
| Date | | Instructor's Name (print) |
| | | ______________________________ |
| | | Instructor's Signature |
|
| I hereby certify, under penalty of perjury, that the above information is true and correct to the best of my knowledge and belief, and I understand that a false statement is cause for denial, suspension, or revocation of a bail bond license. |
| | |
| ______________________ | | ______________________________ |
| Date | | Applicant's Name |
| | | ______________________________ |
| | | Applicant's Signature |
(b) The certificate of completion for a continuing education class required by section 11 of this rule is as follows:
|
| CERTIFICATE OF COMPLETION |
| CONTINUING EDUCATION |
| BAIL BOND OR RECOVERY AGENT LICENSE |
| This Certificate shall be submitted to the Department of Insurance along with the renewal application. |
| | |
| _____________________________ | | ___________________________________________________ |
| Name of Student | | Date of Birth |
| _____________________________ | | ___________________________________________________ |
| Name of School | | Address of School |
| _____________________________ | | ___________________________________________________ |
| Name of Instructor | | City/State Zip Code |
| | | | | | | |
| Days of Week Class Offered (circle): | M | T | W | TH | F | S | S |
|
| Date and Time of Class: ____________________________________________ |
| Total number of hours of class instruction received by applicant at the above location and time and in the presence of the above instructor(s): __________ |
| I hereby certify, under penalty of perjury, that the above information is true and correct to the best of my knowledge and belief, and I understand that a false statement is cause for denial, suspension, or revocation of a class approval. |
| | |
| ___________________________ | | ______________________________ |
| Date | | Instructor's Name (print) |
| | | ______________________________ |
| | | Instructor's Signature |
|
| I hereby certify, under penalty of perjury, that the above information is true and correct to the best of my knowledge and belief, and I understand that a false statement is cause for denial, suspension, or revocation of a bail bond license. |
| | |
| _____________________________ | | ______________________________ |
| Date | | Agent's Name (print) |
| | | ______________________________ |
| | | Agent's Signature |
(Department of Insurance; 760 IAC 1-6.2-14; filed Jun 30, 2006, 3:30 p.m.: 20060726-IR-760050133FRA)
Notice of Intent: July 1, 2005; 28 IR 2997
Proposed Rule: January 1, 2006; 29 IR 1363
Hearing Held: June 22, 2006
Approved by Attorney General: June 29, 2006
Approved by Governor: June 30, 2006
Filed with Publisher: June 30, 2006, 3:30 p.m.
Documents Incorporated by Reference: None Received by Publisher
Small Business Regulatory Coordinator: Amy Strati, 311 West Washington Street, Suite 300, Indianapolis, IN 46204, (317) 232-0243, astrati@doi.state.in.us
Posted: 07/26/2006 by Legislative Services Agency
DIN: 20060726-IR-760050133FRA
Composed: Apr 29,2024 11:48:03PM EDT
A
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