Title 18, Insurance Code

§ 4333A. Additional application requirements for surety bail agents. (a) In addition to the requirements of § 4333 of this title, every applicant for a surety bail agent license shall file with the Commissioner a notice of appointment executed by a surety insurer or its authorize…

§ 4333B. Additional application requirements for property bail agents. (a) In addition to the requirements of § 4333 of this title, every applicant for a property bail agent license shall file with the Commissioner a statement under oath of the assets and liabilities of the appli…

§ 4334. Application for license as a bail agent business entity. (a) A bail agent business entity is required to obtain a bail agent business entity insurance license. All surety bail bond contract transactions under the bail agent business entity license must be completed by a l…

§ 4335. License renewal. (a) A person who is licensed as a bail agent shall renew the license in accordance with the same requirements established for insurance producers under Chapters 7 and 17 of this title. As a condition of renewal, the licensee also shall certify that he or …

§ 4336. Bonds. (a) At the time of the application for license as a bail agent, the applicant shall file with the Department a bond executed and issued by a surety insurer authorized to transact business in the State in the minimum amount of $50,000, which bond shall secure the fa…

§ 4337. Examination for license as bail agent. (a) Any natural person who intends to apply for a license as a bail agent, must personally take and pass a written examination of that person’s competence to act as such. After passing the examination, the person may apply to the Com…

§ 4338. Issuance of license; notice of refusal to issue license; fees not refundable. (a) Upon the Department’s determination that the application is complete, the applicant has passed all required examinations and is otherwise qualified for the license applied for, the Departmen…

§ 4339. Waiver of license fee. A licensed bail agent who is unable to comply with license renewal procedures due to military service or some other extenuating circumstance approved by the Commissioner may request a waiver of license fees and/or the extension of time to reinstate …

§ 4340. Contractual services. (a) In order to assist in the performance of the Department’s duties, the Commissioner may contract with nongovernmental entities, including the National Association of Insurance Commissioners (NAIC) or any affiliates or subsidiaries that the NAIC ov…

§ 4341. Records. (a) The bail agent shall maintain at that bail agent’s principal place of business in this State, and transmit to the Commissioner upon request, the license issued by the Department, together with such records as may be reasonably required by the Department to: (…

§ 4342. Transfer bonds. A bail agent who is licensed by another state, but is not licensed as a bail agent in Delaware, may post a bail bond in Delaware only through a transfer bond posted by a bail agent licensed by the Department. Every Delaware bail agent who executes or count…

§ 4343. Termination of appointment. (a) A surety may terminate an appointment of a surety bail agent at any time. The surety shall promptly give written notice of termination and the effective date thereof to the Department, on forms approved by the Department and to the surety b…

§ 4344. Bail agents and designated bail agents: special requirements. (a) A bail agent may be concurrently employed or licensed by 1 surety bail bond agent, and either 1 property bail agent or 1 bail agent business entity. A bail agent shall not concurrently be employed or licens…

§ 4345. Registration with the courts. No bail agent may operate under a license from the Department unless the bail agent has registered with and been approved by the courts of this State according to such rules and procedures as the courts shall have established. Nothing in this…

§ 4346. Bail agent: place of business; display of licenses and fees charged; retention of records at place of business. (a) Every bail agent shall have and maintain in this State a principal place of business accessible to the public, and identified by a sign clearly visible to t…

§ 4347. Collections and charges permitted. (a) Surety bail bond rates are subject to the provisions of Chapter 25 of this title. (b) It is unlawful for a bail agent to execute a bail bond without charging and collecting a premium or other charge therefor, and the premium rate or …

§ 4348. Collateral; limitations on transfer of collateral; fiduciary capacity; requirements for receiving title to real property as collateral; written receipt for collateral. (a) A bail agent may accept collateral or security in connection with a bail transaction if the collater…

§ 4349. Notice to law enforcement; bail enforcement agents. (a) After a warrant or capias has been issued for a defendant’s failure to appear, a bail agent having knowledge of the whereabouts of the defendant shall immediately notify the law-enforcement agency closest to the defe…

§ 4350. Prohibited acts; persons who may not be bail agents. (a) A bail agent shall not: (1) Suggest or advise the employment of or name for employment any particular attorney to represent the defendant. (2) Solicit business in or about any place where prisoners are confined or i…

§ 4351. Justification of suretyship. A surety bail agent shall justify that bail agent’s suretyship by attaching a copy of the power of attorney issued to that surety bail agent by the surety insurer to each bond.76 Del. Laws, c. 394, § 2; 70 Del. Laws, c. 186, § 1; 79 Del. Laws,…

§ 4352. Reporting of actions; responding to Department inquiries. (a) A bail agent, and the bail agent’s managing general agent or surety insurer, shall report to the Department in writing: (1) Any administrative action taken against the bail agent in another jurisdiction or by a…

§ 4353. Regulations. The Commissioner may promulgate such regulations as are necessary or proper to carry out the purposes of this subchapter.76 Del. Laws, c. 394, § 2;

§ 4354. Enforcement. (a) No person shall act in the capacity of a bail agent, advertise or solicit bail bond business, perform any of the functions or duties of a bail agent, collect premiums, charge fees or otherwise exercise or attempt to exercise powers prescribed for bail age…

§ 4355. Enforcement after license lapses or is surrendered. The Commissioner shall retain authority to enforce the provisions of, and impose any penalty or remedy authorized by, this subchapter and title against any person who is under investigation for, or charged with, a violat…

§ 4356. Conservation of bail agent business. (a) If the Commissioner finds that the business of any licensed bail agent in this State has become financially impaired or insolvent, or has been abandoned by the licensee, or has been conducted in such a manner as to require or justi…