California Bail: Suspension / Revocation of License

The following California Bail Licensing regulations and laws are taken from Title 10, Article 2 of the California Code of Regulations, the California Insurance Code (sections relevant to the undertaking of bail) and Penal Code (as related to bail) regarding Bail License Suspension and Revocation. Tonya Page Bail Bonds is not responsible for omissions or errors, for further clarification, please visit my online privacy policy statement.

Bail license; grounds for suspension; revocation; refusal

Insurance

1806

Certificate; commissioner’s

Insurance

1819

Commissioner; investigations

Insurance

1666

Grounds; suspension or revocation of license

Insurance

1807

Hearing suspension or revocation of license

Insurance

1807.5

License revocation

Insurance

1668.5

License; grounds for revocation; suspension

Insurance

1807

License; penalty in lieu of suspension

Insurance

1748

License; refusal

Insurance

1821

License; suspension

Insurance

1668.5

License; suspension

Insurance

1813

Penalty; in lieu of license suspension

Insurance

1748

Refusal of bail license; grounds

Insurance

1806

Refusal; license

Insurance

1821

Revocation hearing

Insurance

1807.5

Revocation of license

Insurance

1668.5

Revocation of license

Insurance

1813

Revocation of license; grounds

Insurance

1806/1807

Suspension of license

Insurance

1668.5

Suspension of license

Insurance

1813

Suspension of license; grounds

Insurance

1806/1807

Suspension; copartnership

Title 10

2061.4

Suspension; hearing

Insurance

1807.5

Bail license; grounds for suspension; revocation; refusal

Insurance              1806
See also Insurance Commissioner

1806. The commissioner may suspend, revoke or refuse to issue any license under this chapter whenever it is made to appear to him that the holder of such permit is not a fit or proper person to be permitted to continue to hold or receive such license.

Certificate; commissioner’s 

Insurance              1819
See also Insurance Commissioner

1819. The certificate of the commissioner certifying any facts found after hearing held under this chapter shall be prima facie evidence of the facts set forth therein.

Commissioner; investigations

Insurance              1666
See also Insurance Commissioner

1666. Upon the filing of an application for a license in accordance with Article 4 of this chapter, the commissioner may make such investigation and require the filing of such supplementary documents, affidavits and statements as may be necessary to obtain a full disclosure of such information as will aid him in determining whether the prerequisites for the license have been met. If the applicant makes a showing satisfactory to the commissioner that he meets all such prerequisites, the commissioner, if the applicant be eligible therefor, may issue a certificate of convenience, and upon the applicant meeting any applicable examination requirements may issue a permanent license.

Grounds; suspension or revocation of license

Insurance              1807

1807. The commissioner may suspend or revoke any bail license for any cause for which he could deny such license.

Hearing suspension or revocation of license

Insurance              1807.5

1807.5. The commissioner shall not suspend or revoke any license, issued under this article, without first granting a hearing, upon reasonable notice to the applicant, except that he may temporarily suspend any such license for a period not exceeding 15 days pending such hearing. Where a hearing is held under this section the proceedings shall be conducted in accordance with Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code, and the commissioner shall have all the powers granted therein.

License revocation

Insurance              1668.5

1668.5. (a) The commissioner may deny an application for any license issued pursuant to this chapter, and may suspend or revoke the permanent license of any organization licensed pursuant to this chapter as authorized by Section 1738, if the applicant or holder of the permanent license is an organization and a controlling person of the organization is any of the following: (1) The controlling person has previously engaged in a fraudulent practice or act or has conducted any business in a dishonest manner. (2) The controlling person has shown incompetency or untrustworthiness in the conduct of any business, or has by commission of a wrongful act or practice in the course of any business exposed the public or those dealing with him or her to the danger of loss. (3) The controlling person has knowingly misrepresented the terms or effect of an insurance policy or contract. (4) The controlling person has failed to perform a duty expressly enjoined upon him or her by a provision of this code or has committed an act expressly forbidden by a provision of this code. (5) The controlling person has been convicted of any of the following: (A) A felony. (B) A misdemeanor denounced by this code or other laws regulating insurance. C) A public offense having as one of its necessary elements a fraudulent act or an act of dishonesty in acceptance, custody, or payment of money or property. A judgment, plea, or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this section. (6) The controlling person has aided or abetted any person in an act or omission that would constitute grounds for the suspension, revocation, or refusal of a license or certificate issued under this code to the person aided or abetted. (7) The controlling person has permitted any person in his or her employ to violate any provision of this code. (8) The controlling person has violated any provision of law relating to conduct of business that could lawfully be done only under authority conferred by a license under this chapter. (b) As used in this section, "controlling person" means a person who possesses, directly or indirectly, the power to direct or cause the direction of the management and policies of the organization, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, including, but not limited to, power that is the result of an official position with or corporate office held by the person. Control shall be presumed to exist if any person, directly or indirectly, owns, controls, holds with the power to vote, or holds proxies representing, more than 10 percent of the voting securities of the organization. This presumption may be rebutted by a showing that control does not exist in fact. The commissioner may, after furnishing all persons in interest notice and opportunity to be heard, determine that control exists in fact, notwithstanding the absence of a presumption to that effect.

License; penalty in lieu of suspension

Insurance              1748

1748. The commissioner, in any proceeding under the provisions of this article, may, by an alternative order, permit a licensee to elect in writing to pay a specified money penalty, within a specified time in lieu of a license suspension or other permitted action. If the licensee so elects, the sum of money specified shall be paid to the commissioner for the use of the State of California. The sum specified shall not exceed: (a) Four thousand dollars ($4,000) for each offense. (b) Twenty thousand dollars ($20,000) in the aggregate for all offenses involved in any one proceeding. (c) Thirty percent of the gross commissions on insurance transacted by the licensee in the preceding calendar year. (d) Any amount proven, or admitted, in the proceeding to have been received and retained by the licensee in violation of this code. The commissioner shall determine the monetary penalty to be paid in any given case and in so doing shall not be limited to the selection of the penalty specified in any one of the above subdivisions, as compared with the penalty in any of the other three subdivisions, that will result in the payment by the licensee of the least amount. The amount of reimbursement the commissioner orders shall be the amount that fully reimburses the commissioner for the commissioner's costs, or any lesser amount that the commissioner determines is the most the subject of the order can pay in the event the subject is financially unable to fully reimburse the commissioner. If a licensee fails to pay a monetary penalty or reimbursement within the time specified in the order, the commissioner, unless the order is lawfully stayed, may deny a pending application for a license, or may revoke or suspend the license of the subject of the order for a period of time as determined by the commissioner. If, for any reason, an application is denied, or a license is revoked or suspended, before the subject of the order has paid the full amount of an ordered monetary penalty or reimbursement, the balance owed shall be paid before a license may be reinstated or an application for any new license may be granted.

License; refusal 

Insurance              1821

1821. A license shall not be refused by the commissioner without proceedings in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, being initiated within 60 days from the date of filing the completed application. Sections 1724.5, 1733, 1734, 1735 and Articles 6 (commencing with Section 1666) and 13 (commencing with Section 1737) of Chapter 5 apply to persons licensed under this chapter, and "insurance agent" or "licensee", as used in those provisions, include persons licensed under this chapter.

License; suspension 

Insurance              1813

1813. The commissioner, after notice and hearing, in accordance with the procedure provided in Article 13 (commencing with Section 1737) of Chapter 5 may suspend, revoke, or deny any license or certificate of authority issued pursuant to any provision of this code whenever he or she finds that the holder thereof has violated any provisions of this chapter.

Suspension; copartnership   

Title 10                  2061.4

2061.4. Copartnership Suspension; Prohibition
If the license of any partner is suspended such partner may not engage in the
transaction of bail nor may he receive any commission on, or profit derived from, such
transactions entered into by other persons during the period of suspension.

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Updated: 03/03/2010


 
Tonya Page, Bail Bondsman


Bondsman-Owner


1-877-861-3761
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