Bail Bonds Law: Insurance Commissioner Powers
The following California Bail 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 for the undertaking of bail bonds pertaining to the powers, duties and responsibilities of the California Insurance Commissioner who is responsible for the oversight of the bail industry.
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Answering interrogations; licensee must answer |
Title 10 |
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Application for return of securities |
Insurance |
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Applications; license; forms |
Title 10 |
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Appointment; notice; filing; contents; duration |
Insurance |
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Bail license; grounds for suspension; revocation; refusal |
Insurance |
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Bail license; temporary for executor of licensee’s estate |
Insurance |
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Bail negotiation; persons |
Title 10 |
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Certificate; commissioner’s |
Insurance |
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Commissioner; investigations |
Insurance |
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Commissioner; rule making power |
Insurance |
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Commissioner’s certificate |
Insurance |
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Disapproval of fictitious names |
Title 10 |
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Examination; books and records by Commissioner |
Insurance |
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Examinations |
Insurance |
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Examinations; frequency; scope |
Insurance |
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Executor of licensee’s estate; temporary bail license |
Insurance |
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Fictitious names; disapproval |
Title 10 |
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Fictitious names; filing |
Title 10 |
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Filing schedule of charges |
Title 10 |
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Filing; notices; times |
Title 10 |
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Hearing; request; notice of noncompliance |
Title 10 |
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Improper forms; notice |
Title 10 |
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Interrogations; licensee must answer |
Title 10 |
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Investigations by Commissioner |
Insurance |
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Investment securities; in lieu of bond |
Insurance |
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Licensee must answer; interrogations |
Title 10 |
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List of licensees |
Insurance |
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Minor offenses; order reprimanding licensee |
Insurance |
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Names; fictitious; disapproval |
Title 10 |
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Necessary notices and filings |
Title 10 |
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Noncompliance; notice; request for hearing |
Title 10 |
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Notice; improper forms |
Title 10 |
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Notice; filings; necessary |
Title 10 |
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Recovery; publication expense |
Insurance |
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Reprimand; minor offenses |
Insurance |
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Return of securities; application |
Insurance |
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Rule making power |
Insurance |
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Schedule of charges; filing |
Title 10 |
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Social security number; providing to Commissioner |
Insurance |
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Violations; past; power of Commissioner |
Title 10 |
Answering interrogations; licensee must answer
Title 10 2092
2092. Interrogations; Licensee Must Answer
Every bail licensee must truthfully answer any question asked him by the commissioner
or his representative about his bail transactions or matters relating to the conduct of his
bail business, subject only to his lawful constitutional rights against self-incrimination.
Application for return of securities
Insurance 1804
See also Bail Licensing
1804. An applicant for bail license shall file with the commissioner an application in such form and having such supporting documents as the commissioner prescribes, except that the application shall be verified in the manner provided for verification of complaints in civil cases. The commissioner shall investigate the licensees in such manner and in respect to such matters as he deems advisable.
Applications; license; forms
Title 10 2055
See also Bail Licensing
2055. Applications; Forms
All applications for original or renewal bail licenses shall be on forms furnished by the
commissioner. All applicants for such licenses and all bail licensees shall furnish such
supplementary information and supporting statements as the commissioner may
require.
Appointment; notice; filing; contents; duration
Insurance 1802.1
See also Surety Responsibility
1802.1. Every applicant for a license to act as bail agent must file with the commissioner
A notice of appointment executed by a surety insurer or its authorized representative authorizing such applicant to execute undertakings of bail and to solicit and negotiate such undertakings on its behalf. Additional notices of appointment may be filed by other surety insurers, upon the payment for each additional notice of the fees specified in subdivision (a) of Section 1811, before such license is issued and thereafter, as long as such license remains in force. Each appointment shall, by its terms, continue in force until: (a) Termination of the bail agent’s license; (b) The end of the license year, if the fee provided in subdivision (d) of Section 1811 for filing an annual notice of intention to keep the license in force or a renewal application is not paid; or (c) The filing of a notice of termination by the insurer, its representative, or by such bail agent.
Bail license; grounds for suspension; revocation; refusal
Insurance 1806
See also License Suspension / Revocation
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.
Bail license; temporary for executor of licensee’s estate
Insurance 1810.8
See also Bail Licensing
1810.8. The commissioner may issue a temporary license to the executor or administrator of the estate of a deceased holder of a bail agent’s license or bail permittee’s license, permitting such party to act as such representative to exercise the rights and privileges of such a license holder for the purpose of conducting the business of the estate for a period of one year from and after the date of the death, pending, but not after, the disposal of the business.
Bail negotiation; persons
Title 10 2080
See also Bail Negotiation& Fees
2080. Negotiation of Bail; Persons
No bail licensee shall negotiate concerning bail, except with:
(a) A person specified in Section 2079;
(b) Any other person who without previous solicitation on the part of the bail
licensee has requested his services.
Certificate; commissioner’s
Insurance 1819
See also License Suspension / Revocation
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 License Suspension / Revocation
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.
Commissioner; rule making power
Insurance 1812
1812. The commissioner may make reasonable rules necessary, advisable, or convenient for the administration and enforcement of the provisions of this chapter.
Disapproval of fictitious names
Title 10 2066.4
See also Business Operations
2066.4. Disapproval of Fictitious Name
If the commissioner gives notice to a bail agent or permittee specifying wherein the
continued use of a fictitious name would be in violation of any of the provisions of the
Insurance Code or this Article, such bail agent or permittee shall discontinue the use of
such fictitious name subject to such extension of time as the commissioner may
prescribe pursuant to the provisions of Section 1724.5 of the Insurance Code.
Examination; books and records by Commissioner
Insurance 1802.75
1802.75. The commissioner shall make an examination of the books and records of the applicant. The costs and expenses of the examination shall be paid by the commissioner out of funds appropriated for support of the Department of Insurance.
Examinations
Insurance 1810.5
See also Bail Licensing
1810.5. The commissioner shall not issue a bail license to any person unless and until the applicant takes and passes an examination given by the commissioner as provided in this chapter. This prohibition shall not apply with respect to persons who were licensed under this chapter during any part of the annual period terminating on the July 1st preceding the time to be covered by the license applied for.
Examinations; frequency; scope
Insurance 1810.6
See also Bail Licensing
1810.6. The commissioner shall conduct or arrange for written examination to be given at least twice a year upon questions proposed by the commissioner as to the qualifications of applicants to hold a bail license. The examination shall be of sufficient scope to satisfy the commissioner that the applicants have knowledge of, and are reasonably familiar with, the laws of this State relating to the giving of bail and the execution and delivery of undertakings of bail, and have a general and fair understanding of the obligations and duties of the holder of a bail license in respect to the conduct of business under each type of bail license.
Fictitious names; filing
Title 10 2066.3
See also Business Operations
2066.3. Fictitious Names; Filing, Similar Names
Prior to its use, a fictitious name or style must be:
(a) Filed with and approved by the commissioner in writing
(b) Filed with the county clerk of all counties in which user thereof maintains
an office for the transaction of bail or in which he contemplates the active
solicitation of bail under such fictitious name or style.
(c) Worded in compliance with the requirements of Section 1724.5 of the
Insurance Code and the regulations of the commissioner promulgated under
authority thereof (Sections 2050 and following of Title 10 of the California
Administrative Code).
Filing schedule of charges
Title 10 2094
See also Bail License Types & Bail Negotiation & Fees
2094. Filing Schedule of Charges
Every bail permittee shall file with the commissioner a schedule of charges to be made
for bail. He shall also file with the commissioner any change in such charges at least
five days prior to the effective date thereof. Such charges and changes so filed are
public records.
Filing; notices; times
Title 10 2054.6
2054.6. Notices; Time for Filing
Whenever any provision of this article requires that notice be given to or that filing be
made with the commissioner a specified period of time before a matter may lawfully be
used or an event lawfully occur, such period of time may be reduced by the
commissioner at the request of the licensee if good cause is shown therefor.
Hearing; request; notice of noncompliance
Title 10 2054.7
2054.7. Notice of Noncompliance; Request and Hearing
Whenever pursuant to any provision of this article the commissioner gives notice to any
person that such person may not establish a particular relationship or perform a
particular act, such person shall upon written request therefor filed within 10 days of
said notice be granted within 60 days following the date of such notice on the issues of
noncompliance specified in such notice. Whenever pursuant to the provisions of this
article the commissioner gives notice to any person to discontinue within a specified
time a particular established relationship or the performance of a particular act, such
person shall upon written request therefor filed within 10 days of said notice be granted
a hearing on the issues of noncompliance specified in such notice which shall big held
at least 10 days prior to the date specified in the notice as the date such person shall
discontinue the relationship or the act.
Improper forms; notice
Title 10 2096
2096. Improper Forms; Notice
If the commissioner finds that any form or document, the filing of which is required by
Section 2095 (k), is misleading or contrary to any provision of this article or any law
relating to bail, he shall notify the bail licensee specifying wherein such form or
document is misleading or contrary to any provision of this article or any law relating to
bail. Thereafter such bail licensee may not use such form or document. If such
notification is not given to such licensee within 30 days after the filing of such form or
document, the commissioner shall prescribe a reasonable time after which such form or
document may not be used.
Investment securities; in lieu of bond
Insurance 1802.7
See also Surety Company
1802.7. Any applicant may deposit with the commissioner, in lieu of a bond required by this chapter, securities of the kind and character set forth in sections 1170 to 1175, and 1179 to 1240, in a sum not less than the required amount of the penal sum of said bond. Such securities shall be held in trust by the commissioner for the fulfillment of the same terms and conditions as in the case of a bond required by section 1802.5.
Licensees; list
Insurance 1815
1815. (a) The commissioner shall certify the names of holders of bail agents’ and bail permittees’ licenses and their solicitors to every county clerk of the state, together with their license numbers and any other information in respect to the persons as he or she considers advisable. He or she shall promptly upon termination, for any cause, of any license, notify the respective county clerks. (b) The county clerk shall retain these records for a period of two years, after which time the active bail licensee list and updates may be destroyed and, notwithstanding Section 26205.1 of the Government Code, no reproduction thereof need be made or preserved.
Minor offenses; order reprimanding licensee
Insurance 1746
1746. If the commissioner has been informed and believes that a licensed fire and casualty broker-agent or life agent has committed any offense referred to in Section 1745, the commissioner may, without prior notice or hearing, mail to that licensee at his or her last address filed with the commissioner an order reprimanding the licensee. That order shall specify the statute violated and the time of the violation; and shall further state that the order shall become effective commencing at a date specified therein not less than 15 days from the date of mailing, unless the licensee, prior to the effective date, advises the commissioner in writing that formal notice and hearing are requested, in which case the order shall become void and of no effect, and the commissioner may initiate proceedings pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
Necessary notices and filings
Title 10 2095
See also Required Disclosures
2095. Filings; Necessary Notices
Every bail licensee shall promptly file with the commissioner the following:
(a) If conducting business as a partnership pursuant to Section 2061, the
written statement required by Section 2061.2 and any modification thereof.
(b) If the relationship of a bail agent or permittee employed by another bail
agent or permittee or a partnership of bail agents or permittees exists as set
forth in Section 2062:
(1) The written statement to the commissioner required by Section
2062.2;
(2) The written notice of any change as required by Section 2062.2
(d).
(c) The written notice required by Section 2065 (f) if applicable to such
licensee.
(d) The written notice required by Section 2066.4 (a) of any fictitious name
or style used pursuant to Section 2066.4.
(e) A written notice of any changes made in any of the licensee’s business
addresses.
(f) A complete list of all persons employed by the licensee who aid him in
any way in the conduct of his bail business setting forth for each employee the
full name, duties and basis of compensation, and if such compensation is to be
over $1,000 per month the amount thereof.
(g) A notice containing the same information as that required by (f) above
for each new employee.
(h) A notice of termination of the employment of any employee and, if the
reason therefor was any act or conduct by the employee which would in the
opinion of the employer indicate an unfitness to transact bail, a full statement of
such reason.
(I) A notice within 10 days after service upon him of the filing of:
(1) Any criminal suit;
(2) Any action at law against him or of any judgment against him
which arises out of his transaction of the bail business or the transaction
of bail.
(j) A written notice within five days after making any arrangement of any
kind to obtain money, securities or other assets to use directly or indirectly in the
bail business, giving the name of the person with whom such arrangements
have been made, the amount of money or value of other assets involved, the
date of the transaction and the details of the arrangement.
(k) A copy, or a reference to copies already filed and which he will use, of all
forms or documents which the licensee intends to use regularly or frequently in
connection with his bail transactions, including:
(1) The document to be delivered to the arrestee or other person
containing the information required by Section 2083;
(2) The form of any receipt for or agreement relating to collateral
used pursuant to Section 2083 (m);
(3) The document to be delivered to the arrestee or other person
containing the information required by Section 2083.5;
(4) The form of guarantor’s agreement referred to in Section 2084;
(5) The form of original communication referred to in Section 2097
(a);
(6) The form or original application referred to in Section 2097 (b);
and
(7) Any other form or document.
Recovery; publication expense
Insurance 1802.76
1802.76. Upon failure of the applicant to pay the expense of publication of notice within 30 days after the presentation of the bill therefor, the commissioner shall collect the costs out of the deposited securities.
Return of securities; application
Insurance 1802.72
1802.72. The former holder of any bail license, who has surrendered any and all licenses to the commissioner, and who has on deposit with the commissioner securities in lieu of bond as provided by Section 1802.7, may, not sooner than three years after the surrender of his last bail license apply to the commissioner for the return of the securities.
Social security number; providing to Commissioner
Insurance 1666.5
1666.5. (a) Notwithstanding any other provision of law, the commissioner shall at the time of issuance or renewal of any license under this chapter or Chapter 6 (commencing with Section 1760), Chapter 7 (commencing with Section 1800), or Chapter 8 (commencing with Section 1831) require that any licensee provide its federal employer identification number if the licensee is a partnership or his or her social security number for all others. (b) Any licensee failing to provide the federal identification number or social security number shall be reported by the commissioner to the Franchise Tax Board and, if failing to provide after notification pursuant to paragraph (1) of subdivision (b) of Section 19528 of the Revenue and Taxation Code, shall be subject to the penalty provided in paragraph (2) of subdivision (b) of Section 19528 of the Revenue and Taxation Code. (c) The commissioner shall, upon request of the Franchise Tax Board, furnish to the board all of the following information with respect to every licensee: (1) Licensee’s name. (2) Address or addresses of record. (3) Federal employer identification number if the entity is a partnership or owner’s name and social security number for all others. (4) Type of license. (5) Effective date of license or a renewal. (6) Expiration date of license. (7) Whether license is active or inactive, if known. (8) Whether license is new or a renewal. (d) For the purposes of this section: (1) “Licensee” means any entity, other than a corporation, authorized by a license, certificate, registration, or other means to engage in the insurance business regulated by this code. (2) “License” includes a certificate, registration, or any other authorization needed to engage in the insurance business regulated by this code. (e) The reports required under this section shall be filed on magnetic media or in other machine-readable form, according to standards furnished by the Franchise Tax Board. (f) The commissioner shall begin providing to the Franchise Tax Board the information required by this section as soon as economically feasible, but no later than July 1, 1987. The information shall be furnished at a time that the Franchise Tax Board may require. (g) Notwithstanding Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, the information furnished pursuant to this section shall not be deemed to be a public record and shall not be open to the public for inspection. (h) Any deputy, agent, clerk, officer, or employee of the commissioner, or any former officer or employee or other individual who in the course of his or her employment or duty has or has had access to the information required to be furnished under this section, shall not disclose or make known in any manner that information, except as provided in this section to the Franchise Tax Board. (i) It is the intent of the Legislature in enacting this section to utilize the social security account number or federal employer identification number for the purpose of establishing the identification of persons affected by state tax laws and, to that end, the information furnished pursuant to this section shall be used exclusively for tax enforcement purposes.
Violations; past; power of Commissioner
Title 10 2053.1
2053. Application; Construction
This article as amended is applicable to all applications for licenses filed after the
effective date of such amendments, to all transactions or severable portions thereof
occurring thereafter and to the keeping of all records pertaining to such transactions or
severable portions thereof. All such applications filed prior thereto and all transactions
or severable portions hereof occurring prior thereto and the keeping of records
pertaining thereto shall be governed by the provisions of this article which were in effect
prior to such date. Insofar as the provisions of this article are substantially the same as
the provisions of this article as it read prior to said effective date, they shall be
construed as restatements and continuations thereof and not as new provisions.
Note: Authority cited for Article 2 (2053-2104, inclusive), Section 1812,
Insurance Code. Reference: Sections 1800-1822, California Insurance Code.
History
1. Repealer of Article 2 (2055-2102, inclusive) filed 11-30-53, designated
effective 1-1-54; new Article 2 (2053-2104, inclusive) filed 11-30-53,
designated effective 12-1-53 as therein specified (Register 53, No. 22).
2. Repealer of 2053,2053.1 and 2053.2 filed 12-11-53 as an emergency;
designated effective 1-1-54; new 2053, 2053.1 and 2053.2 filed 12-11-53 as
an emergency; designated effective 1-1-54 (Register 53, No. 22).
3. Repealer of Article 2 (Sections 2053-2104) and new Article 2 (Sections
2053-2104) filed 9-12-77; effective thirtieth day thereafter (Register 77,
No. 38).
2053.1. Past Violations; Power of Commissioner
Insofar as the provisions of this article are new provisions, their promulgation shall not
preclude the commissioner from taking such action as is permitted law for acts or
omissions which occurred prior to the effective date these amendments.
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Updated: 04/10/2015