Title XXIV, BUSINESS AND FINANCIAL INSTITUTIONS

374.512. Violation of regulations, notice to agent — powers of director to discipline — penalties. — 1. Whenever the director has reason to believe that a utilization review agent subject to sections 374.500 to 374.515 has been or is engaged in conduct which violates the provisio…

374.515. Rules and regulations authorized. — The director may promulgate such rules and regulations necessary to implement the provisions of sections 374.500 to 374.515, pursuant to the provisions of section 374.045 and chapter 536. ­­-------- (L. 1991 S.B. 352 § 6 subsecs. 4 to …

374.695. Citation of law. — Sections 374.695 to 374.789 may be known and shall be cited as the "Professional Bail Bondsman and Surety Recovery Agent Licensure Act". ­­-------- (L. 2004 S.B. 1122) Effective 1-01-05

374.700. Definitions. — As used in sections 374.695 to 374.789, the following terms shall mean: (1) "Bail bond agent", a surety agent or an agent of a property bail bondsman who is duly licensed pursuant to the provisions of sections 374.695 to 374.789, is employed by and is work…

374.702. License required, restrictions on practice. — 1. No person shall engage in the bail bond business as a bail bond agent or a general bail bond agent without being licensed as provided in sections 374.695 to 374.775. 2. No judge, attorney, court official, law enforcement o…

374.705. Department, powers and duties — fees, how determined. — 1. The department shall administer and enforce the provisions of sections 374.695 to 374.789, prescribe the duties of its officers and employees with respect to sections 374.695 to 374.789, and promulgate, pursuant …

374.710. License required for bail bond agents, application, qualifications — exceptions. — 1. Except as otherwise provided in sections 374.695 to 374.775, no person or other entity shall practice as a bail bond agent or general bail bond agent, as defined in section 374.700, in …

374.711. Criminal background check, fingerprint submission. — 1. The department of commerce and insurance may require that fingerprint submissions be made as part of an application seeking a license, or renewal of a license, for and as a general bail bond agent, a bail bond agent…

374.715. Application, form, qualifications, fee — monetary assignment required, amount, effective when. — 1. Applications for examination and licensure as a bail bond agent or general bail bond agent shall be in writing and on forms prescribed and furnished by the department, and…

374.716. Accounting required, when — records submitted to director — bail contract provided to principal. — 1. Every bail bond agent shall account for each power of attorney assigned by the general bail bond agent on a weekly basis and remit all sums collected and owed to the gen…

374.717. Prohibited acts. — No insurer or licensee, court, or law enforcement officer shall: (1) Pay a fee or rebate or give or promise anything of value in order to secure a settlement, compromise, remission, or reduction of the amount of any bail bond to: (a) A jailer, police o…

374.719. Collateral security accepted, when — receipt required — used to reimburse costs, when — records to be retained. — 1. A licensee may accept collateral security from the principal in a fiduciary capacity, which collateral shall be returned upon final termination of liabili…

374.720. Examination, form, content — reexamination fee. — 1. Each applicant for licensure as a general bail bond agent, after complying with this section and the provisions of section 374.715, shall be issued a license by the department unless grounds exist under section 374.755…

374.730. License, biannual renewal, fee. — All licenses issued to bail bond agents and general bail bond agents under the provisions of sections 374.700 to 374.775 shall be renewed biennially, which renewal shall be in the form and manner prescribed by the department and shall be…

374.740. Nonresident license requirements. — Any person applying to be licensed as a nonresident general bail bond agent who has been licensed in another state shall devote fifty percent of his or her working time in the state of Missouri and shall file proof with the director of…

374.750. Refusal to issue or renew license — applicant's right to hearing. — The department may refuse to issue or renew any license required pursuant to sections 374.700 to 374.775 for any one or any combination of causes stated in section 374.755. The department shall notify th…

374.755. Complaint by department, procedure — grounds — disciplinary action — alternate procedure — additional remedy. — 1. The department may cause a complaint to be filed with the administrative hearing commission as provided by chapter 621 against any holder of any license req…

374.757. Notification by agent of intention to apprehend — local law enforcement may accompany agent — violations, penalties. — 1. Any agent licensed by sections 374.695 to 374.775 who intends to apprehend any person in this state shall inform law enforcement authorities in the c…

374.759. Access to court records, when — defendant access to bail bond agent, how — agents qualified in all jurisdictions in the state. — 1. Any bail bond agent licensed in the state of Missouri shall have access to all publicly available court records of the defendant by availab…

374.760. Unsatisfied judgments, affidavit filed monthly, form — content. — Each general bail bond agent shall file, between the first and tenth day of each month, sworn affidavits with the department stating that there are no unsatisfied judgments against him. Such affidavits sha…

374.763. Collection from surety after forfeiture — list of qualified bail bond agents to be furnished monthly to circuit courts. — 1. If any final judgment ordering forfeiture of a defendant's bond is not paid within a six-month period of time, the court shall extend the judgment…

374.764. Alleged violations and complaints, procedure. — 1. The director shall examine and inquire into all alleged violations or complaints filed with the department of commerce and insurance of the bail bond law of the state, and inquire into and investigate the bail bond busin…

374.770. Bond forfeiture, when — exception, defendant incarcerated in United States, procedure — surety's duties — violation of bond, rights and obligations of bondsman. — 1. If there is a breach of the contract of the bond, the court in which the case is pending shall declare a …

374.775. Bonds of one thousand dollars or less — fee — additional fee — prohibited. — When issuing bonds of one thousand dollars or less, licensed bail bond agents or general bail bond agents may charge a minimum premium of fifty dollars. In connection with such bonds no bail bon…

374.783. Surety recovery agents, license required — director to license, powers. — 1. No person shall hold himself or herself out as being a surety recovery agent in this state, unless such person is licensed in accordance with the provisions of sections 374.783 to 374.789. Licen…

374.784. Application for licensure, contents, qualifications — refusal to issue license, when. — 1. Applications for examination and licensure as a surety recovery agent shall be submitted on forms prescribed by the department and shall contain such information as the department …

374.785. Apprehension of defendant, permitted where. — For the purpose of surrender of the defendant, a surety recovery agent may apprehend the defendant anywhere within the state of Missouri before or after the forfeiture of the undertaking without personal liability for false i…

374.786. Renewal, procedure. — 1. Every person licensed pursuant to sections 374.783 to 374.789 shall, before the license renewal date, apply to the director for renewal for the ensuing licensing period. The application shall be made on a form furnished to the applicant and shall…

374.787. Complaint procedure. — 1. The director may cause a complaint to be filed with the administrative hearing commission as provided by chapter 621 against any surety recovery agent or any person who has failed to renew or has surrendered his or her license for any one or any…

374.788. Apprehension standards for breach of surety agreement or absconding. — 1. A bail bond agent having probable grounds to believe a subject free on his or her bond has failed to appear as directed by a court, has breached the terms of the subject's surety agreement, or has …

374.789. Prohibited acts. — 1. A person is guilty of a class E felony if he or she does not hold a valid surety recovery agent license or a bail bond license and commits any of the following acts: (1) Holds himself or herself out to be a licensed surety recovery agent within this…

374.790. Workers' compensation, residual market, department to submit report to general assembly, contents. — The department of commerce and insurance shall prepare and submit a plan to the general assembly by September 1, 1993, to reduce the number of employers insured through t…

374.800. Contracts by the department in excess of $100,000 to be reviewed and approved by the attorney general. — 1. Notwithstanding any other provision of law, when the department of commerce and insurance intends to enter into any contract or other written agreement or approve …

375.001. Definitions. — 1. As used in this chapter, unless otherwise clearly indicated by the context, the following words mean: (1) "Department", the department of commerce and insurance; (2) "Director", the director of the department of commerce and insurance. 2. As used in sec…

375.002. Grounds for cancellation. — 1. A notice of cancellation of a policy shall be effective only if it is based on one or more of the following reasons: (1) Nonpayment of premium; or (2) Fraud or material misrepresentation affecting the policy or in the presentation of a clai…

375.003. Notice of cancellation, how given — reinstatement, when. — 1. Except as provided in subsection 2 of this section, no notice of cancellation of a policy to which section 375.002 applies shall be effective unless mailed or delivered by the insurer to the named insured at l…

375.004. Refusal to renew, when authorized — exemption, when. — 1. No insurer shall refuse to renew a policy unless the insurer or its agent mails or delivers to the named insured, at the address shown in the policy, at least thirty days' advance notice of its intention not to re…

375.005. Proof of notice, how made. — Proof of mailing notice of cancellation, or of intention not to renew or of reasons for cancellation, to the named insured at the address shown in the policy, shall be sufficient proof of notice. ­­-------- (L. 1977 S.B. 300 § 5)

375.006. Immunity from liability granted, when, to whom. — There shall be no liability on the part of, and no cause of action of any nature shall arise against, the director of the department of commerce and insurance or against any insurer, its authorized representative, its age…

375.007. Cancellation or refusal to issue policy on certain grounds prohibited, exceptions. — No insurer shall cancel or refuse to write or refuse to renew a policy solely because of the age, place of residence, race, sex, color, creed, national origin, ancestry or lawful occupat…

375.008. Certain insurers exempt. — Sections 375.001 to 375.008 do not apply to any insurer ordered by the director to restrict its writings of business under the provisions of section 375.535. ­­-------- (L. 1977 S.B. 300 § 8)

375.011. Notice of cancellation, nonrenewal, renewal, or refusal to write, may be sent, how. — Any notice required regarding cancellation, nonrenewal, renewal, or refusal to write, insure or renew any person or property may be sent by a higher class of United States Postal Servic…

375.012. Definitions. — 1. Sections 375.012 to 375.146 may be cited as the "Insurance Producers Act". 2. As used in sections 375.012 to 375.158, the following words mean: (1) "Business entity", a corporation, association, partnership, limited liability company, limited liability …

375.013. Promulgation of rules, generally, this chapter. — The director may promulgate rules pursuant to the provisions of this section and chapter 536 to implement the requirements of this chapter. No rule or portion of a rule promulgated under the authority of this chapter shal…

375.014. Insurance producers, license required — insurance producer license not required, when. — 1. No person shall sell, solicit or negotiate insurance in this state for any class or classes of insurance unless he or she is licensed for that line of authority as provided in thi…

375.015. Application for licensure, insurance producers. — 1. An individual applying for a resident insurance producer license shall make application to the director on the uniform application and declare under penalty of refusal, suspension or revocation of the license that the …