North Carolina Administrative Code

11 NCAC 13 .0324 DISHONORED CHECKS If, for the premium being financed, an insurance agent holds a dishonored check given by the insured as down payment, certification to the premium finance company by the agent that he holds a dishonored check and that the agent agrees to hold th…

11 NCAC 13 .0325 MULTIPLE CONTRACTS When a contract or series of contracts is written by more than one agent, or when the contracts are written and dated 60 days or more apart, or when the insured expressly requests, in writing, separate contracts, there is a presumption that the…

11 NCAC 13 .0326 PREMIUM FINANCE AGREEMENT TYPE STANDARD The printed portion of each original premium finance agreement shall be in eight point type. An inadvertent change in the type size caused by facsimile or other electronic transmission, copying, or other means is not a viol…

SECTION .0400 - MOTOR CLUBS 11 NCAC 13 .0401 APPLICATION FORM FOR MOTOR CLUBS The form entitled "Application for Motor Club License" shall include general interrogatories concerning the corporate structure, employees, past business experience, address, proposed services and plan …

11 NCAC 13 .0402 MOTOR CLUB LICENSE RENEWAL FORM A "Motor Club License Renewal Application" shall include the name and address of the motor club, date of cancellation of the license if the application is not received by the Division, the proper license fee, instructions for the c…

11 NCAC 13 .0403 MOTOR CLUB LICENSING PROCEDURES (a) Applicants must meet minimum qualifications as set forth in G.S. 58, Article 69. (b) Applicants must submit a properly completed "Application for Motor Club License" to the Division. The following items shall be attached to and…

11 NCAC 13 .0404 RENEWAL OF MOTOR CLUB LICENSE (a) The Division will mail to each licensed motor club a "Motor Club License Renewal Application." (b) Each motor club shall complete the application and return it to the Division by the date specified on the form. The following item…

11 NCAC 13 .0405 SURETY BOND The surety bond described in G.S. 58-69-10 shall be executed on the Bond-MC form supplied by the Commissioner of Insurance and shall be completed and executed in accordance with the laws of North Carolina governing surety bonds by a surety company aut…

11 NCAC 13 .0406 USE OF CREDIT CARDS PROHIBITED History Note: Authority G.S. 66-49.13(5); 58-61.2; Eff. February 1, 1976; Readopted Eff. January 1, 1978; Temporary Repeal Eff. December 1, 1999; Repealed Eff. July 1, 2000.

11 NCAC 13 .0407 CLAIM REGISTER TO BE MAINTAINED Each motor club must maintain a current "claims register" which shall include the date each claim for benefits under a motor club membership is received by the motor club, the claimant's name, the claimant's address, the amount of …

11 NCAC 13 .0408 RESERVE TO BE MAINTAINED Each motor club shall maintain a constant reserve of assets, for the benefit of the motor club members who have paid membership fees in advance or when the motor club has a liability under any motor club membership. The reserve shall be m…

11 NCAC 13 .0409 MOTOR CLUB NOT AN INSURANCE COMPANY No motor club nor any officer, director or employee of the motor club shall imply to anyone that the motor club is an insurance company or that it is in any way engaged in the insurance business. History Note: Authority G.S. 58…

11 NCAC 13 .0410 SALESMEN TO BE LICENSED INSURANCE AGENTS Any person acting in the capacity of employee, agent, or salesman who solicits or sells a motor club membership shall be a licensed insurance agent if the membership contract includes a contract of insurance to the member.…

11 NCAC 13 .0411 NOTICE TO COMMISSIONER Each corporate motor club licensee shall advise the Commissioner in writing within ten days of: (1) the name and resident address of each new stockholder owning ten percent or more of any class of outstanding capital stock of the motor club…

SECTION .0500 - BAIL BONDSMEN AND RUNNERS 11 NCAC 13 .0501 APPLICATION FOR BAIL BONDSMEN OR RUNNER LICENSE A form entitled "Bail Bondsman Application" shall include general interrogatories relating to applicant's qualifications, residence, prospective place of business, past busi…

11 NCAC 13 .0502 BAIL BONDSMEN OR RUNNER RENEWAL FORM The "Bail Bondsman Renewal Application" shall include the name and address of applicant, date of cancellation of the license if the application is not received by the Division, the amount of the proper fee, instructions for th…

11 NCAC 13 .0503 BAIL BONDSMAN OR RUNNER LICENSING PROCEDURES (a) Applicants must meet minimum qualifications as stated in G.S. 58, Article 71. (b) Applicants must submit a properly completed "Bail Bondsman Application" to the Division. The following items where applicable shall …

11 NCAC 13 .0504 RENEWAL OF BAIL BONDSMAN OR RUNNER LICENSE History Note: Authority G.S. 58-2-40; 58-71-5(a); 58-71-75; Eff. February 1, 1976; Readopted Eff. January 1, 1978; Amended Eff. April 8, 2002; July 1, 1989; Expired Eff. July 1, 2016 pursuant to G.S. 150B-21.3A.

11 NCAC 13 .0505 BAIL BOND CERTIFICATION SEAL No professional bail bondsman or his duly appointed runner shall sign a bail bond unless he affixes thereto a "certification seal." The certification seal shall be affixed to the bail bond in the space provided for it on the bail bond…

11 NCAC 13 .0506 BAIL BOND REGISTER Each professional bail bondsman shall keep at his place of business a bail bond register which shall be a numerically ordered listing of each certification seal used by the professional bail bondsman or his duly appointed runner. The bail bond …

11 NCAC 13 .0507 SECURITY DEPOSIT BY PROFESSIONAL BONDSMAN (a) The first five thousand dollars ($5,000) of the security deposit required under G.S. 58-71-145 shall be certificates of deposit from a North Carolina bank or savings and loan association of the professional bondsman's…

11 NCAC 13 .0508 STOCKS OR BONDS AS SECURITY When stocks or bonds are submitted to the Commissioner of Insurance by a professional bondsman as security deposit and are found satisfactory by the Commissioner, the professional bail bondsman shall sign and deliver to the Commissione…

11 NCAC 13 .0509 REAL ESTATE AS SECURITY History Note: Authority G.S. 85C-2(a); 85C-30; Eff. February 1, 1976; Readopted Eff. January 1, 1978; Repealed Eff. August 1, 1985.

11 NCAC 13 .0510 MULTIPLE CHARGES AGAINST A SINGLE DEFENDANT History Note: Authority G.S. 85C-2(a); 85C-36; Eff. February 1, 1976; Readopted Eff. January 1, 1978; Repealed Eff. September 1, 1991.

11 NCAC 13 .0511 LICENSED PROFESSIONAL BONDSMAN AFFIDAVIT OF SURETY Licensed professional bail bondsmen must file with the clerk of court having jurisdiction over the principal, an affidavit on a form furnished by the Administrative Office of the Courts (number AOC-L Form 277 or …

11 NCAC 13 .0512 COLLATERAL SECURITY REQUIRED BY BONDSMEN (a) The collateral security required by bail bondsmen shall be reasonable in relation to the amount of the bond in that any collateral security (including personal property, real property, indemnity agreement and guarantee…

11 NCAC 13 .0513 ALTERATION OF AFFIDAVIT OF SURETY Upon any modification or alteration of the collateral security, the bondsman shall execute a written amendment to the Affidavit of Surety setting forth the details of such modification or alteration. A copy of any such amendment …

11 NCAC 13 .0514 COLLATERAL SECURITY RETURNED ON TERMINATION OF LIABILITY History Note: Authority G.S. 85C-2(a); Eff. August 1, 1976; Readopted Eff. January 1, 1978; Amended Eff. May 1, 1989; Repealed Eff. July 1, 2000.

11 NCAC 13 .0515 RECEIPT FOR ALL FEES Whenever a fee is received by a bail bondsman a receipt shall be furnished to the defendant. Copies of all receipts issued shall be kept by the bail bondsman. All receipts issued must: (1) be prenumbered by the printer and used and filed in c…

11 NCAC 13 .0516 SURETY BONDSMEN LICENSING PROCEDURES History Note: Authority G.S. 58-2-40; 58-71-5(a); Eff. July 1, 1986; Amended Eff. April 8, 2002; Repealed Eff. October 1, 2010.

11 NCAC 13 .0517 TERMINATION OF RUNNER BY SURETY A bail bondsman terminating the appointment of a runner shall file, within five days from the date of termination, a written notice thereof with the Commissioner. In addition to the notice requirements set forth in G.S. 58-71-125, …

11 NCAC 13 .0518 CONTINUING EDUCATION History Note: Authority G.S. 58-2-40; 58-71-71(f); Eff. July 1, 1994; Repealed Eff. July 1, 2000.

11 NCAC 13 .0519 FINGERPRINTS REQUIRED FOR CRIMINAL RECORD CHECKS (a) The following individuals shall furnish the Commissioner with a complete set of fingerprints as authorized by G.S. 58-71-51: (1) An applicant for an initial professional bail bondsman, surety bail bondsman, or …

11 NCAC 13 .0520 PRELICENSING EDUCATION: DEFINITIONS FOR BAIL BOND PRELICENSING AND CONTINUING EDUCATION As used in this Section, unless the context indicates otherwise: (1) "Agent Services Division" or "Division" means the Agent Services Division of the North Carolina Department…

11 NCAC 13 .0521 BAIL BOND MONTHLY REPORT A professional bail bondsman shall file the written report required by G.S. 58-71-165 electronically with the Commissioner or the Commissioner's designee. History Note: Authority 58-2-40; 58-2-250; 58-71-165; Eff. October 1, 2010; Pursuan…

11 NCAC 13 .0522 CONTINUING EDUCATION REQUIREMENTS (a) Each person holding a professional bail bondsman, surety bail bondsman or runner's license shall obtain three hours of continuing education pursuant to G.S. 58-71-71(b). (b) An instructor shall receive the maximum BCEC awarde…

11 NCAC 13 .0523 QUALIFICATION FOR BCEC (a) The Commissioner shall award one BCEC for each instructional hour. (b) Courses shall not be approved for less than one BCEC. (c) Course providers shall monitor participants for attendance and ensure that licensees complete the BCEC hour…

11 NCAC 13 .0524 BCEC EXTENSION OF TIME: HARDSHIP (a) A licensee may request in writing to the Commissioner an extension of time in which to complete BCEC if the request is made 45 days prior to the expiration date of the license. (b) The Commissioner shall deny or grant the requ…

11 NCAC 13 .0525 reserved for future codification

11 NCAC 13 .0526 APPROVAL OF BCEC COURSES (a) Providers of all courses shall file with the Commissioner copies of program catalogs, course outlines and copies of advertising literature before the course is approved pursuant to G.S. 58-71-71(d). (b) A provider shall submit course …

11 NCAC 13 .0527 reserved for future codification

11 NCAC 13 .0528 SANCTIONS FOR BCEC NONCOMPLIANCE BY LICENSEES, COURSE PROVIDERS AND INSTRUCTORS (a) The Commissioner shall proceed with administrative action under G.S. 58-71-80 against a professional bail bondsman, surety bail bondsman or runner licensee for any of the followin…

11 NCAC 13 .0529 reserved for future codification

11 NCAC 13 .0530 ISSUANCE of and CONTINUATION bcec OF PROVIDER APPROVAL (a) Any individual or entity intending to provide classes, seminars, or other forms of instruction as approved courses shall submit: (1) an application provided by the Commissioner for provider approval; and …

11 NCAC 13 .0531 reserved for future codification

11 NCAC 13 .0532 EXAMINATIONS: SPECIAL ACCOMMODATIONS (AMERICANS WITH DISABILITIES ACT) An individual with a physical disability may have special assistance from other individuals acting as readers or recorders for the state licensing examination. Applicants requiring special ass…

11 NCAC 13 .0533 SCHEDULE OF EXAMINATIONS The Division shall publish or cause to have published the current schedules of state professional bail bondsman, surety bail bondsman, and runner examinations. The schedules shall include day, time and location of each examination. Histor…

11 NCAC 13 .0534 CERTIFICATE OF COURSE COMPLETION A Certificate of Course Completion shall be signed by an approved prelicensing provider or instructor indicating that the applicant has completed the mandatory prelicensing education requirements as specified in G.S. 58-71-71. Cer…

11 NCAC 13 .0535 EXAMINATION AUTHORIZATION LETTER After review of the professional bail bondsman, surety bail bondsman, or runner license application and verification the applicant meets the qualifications for licensure as prescribed by G.S. 58-71-50 and has submitted license fee…

11 NCAC 13 .0536 RESPONSIBILITY OF APPLICANT AT EXAMINATION SITE (a) Professional bail bondsman, surety bail bondsman, or runner license applicants shall bring to the examination site the Examination Authorization letter issued by the Division, the confirmation numbers obtained f…