Title 31A, Insurance Code

31A-35-201. Bail Bond Oversight Board. (1) There is created a Bail Bond Oversight Board within the department, consisting of: (a) the following seven voting members who shall be appointed by the commissioner: (i) one representative each from four licensed bail bond agencies; (ii)…

31A-35-202. Board responsibilities. (1) The board shall: (a) meet: (i) at least quarterly; and (ii) at the call of the chair; (b) make written recommendations to the commissioner for rules governing the following aspects of the bail bond insurance business: (i) qualifications, ap…

31A-35-301. The commissioner's authority. (1) The commissioner shall: (a) make rules as necessary for the administration of this chapter; (b) with information as provided by the board, issue or deny licensure under this chapter; (c) take action regarding a license, including susp…

31A-35-401. Requirement for license or certificate of authority -- Process -- Fees -- Limitations. (1)(a) A person may not engage in the bail bond insurance business unless that person: (i) is a bail bond agency licensed under this chapter; (ii) is a surety insurer that is grante…

31A-35-401.5. Additional licensure requirements for a bail bond agency. (1) A person applying for licensure or the reinstatement of a license as a bail bond agency shall, in addition to the requirements of Section 31A-35-401, provide proof that at least one principal of the bail …

31A-35-402. Authority related to bail bonds. (1) A bail bond agency may only sell bail bonds. (2) In accordance with Section 31A-23a-205, a bail bond producer may not execute or issue a bail bond in this state without holding a current appointment from a surety insurer or a curre…

31A-35-403. Exemptions to licensing requirements. This chapter does not affect the negotiation through a licensed producer for, or the execution or delivery of, an undertaking of bail executed by an insurer for its insured under a policy of automobile insurance or of liability in…

31A-35-404. Minimum financial requirements for bail bond agency license. (1)(a) A bail bond agency that pledges the assets of a letter of credit from a Utah depository institution in connection with a judicial proceeding shall maintain an irrevocable letter of credit with a minim…

31A-35-405. Issuance of license -- Denial -- Right of appeal. (1) After the commissioner receives a complete application, fee, and any additional information in accordance with Section 31A-35-401, the board shall determine whether the applicant meets the requirements for issuance…

31A-35-406. Initial licensing, license renewal, and license reinstatement. (1) An applicant for an initial bail bond agency license shall: (a) complete and submit to the department an application; (b) submit to the department, as applicable, a copy of the applicant's: (i) irrevoc…

31A-35-407. Restricted account. (1) There is created within the General Fund a restricted account known as the "Bail Bond Administration Account." (2)(a) The account shall be funded from the fees imposed under this chapter. (b) The department shall deposit all fees collected unde…

31A-35-501. Emergency action regarding a license. (1) If the commissioner determines, based on an investigation, that the public health, safety, or welfare requires emergency action, the commissioner may order a summary suspension of a bail bond agency license pending proceedings…

31A-35-502. Notification of violation of chapter. If the commissioner has reason to believe a person licensed as a bail bond agency, surety insurer, or bail bond producer has violated this chapter, written notice shall be sent to that person, advising the person of: (1) the alleg…

31A-35-503. Disciplinary action -- Hearing -- Appeal. (1) Based on information the commissioner receives during a hearing described in Section 31A-35-502 regarding a person licensed as a bail bond agency or bail bond producer, the commissioner may: (a) dismiss the complaint if th…

31A-35-504. Failure to pay bail bond forfeiture -- Grounds for suspension and revocation of bail bond agency license. (1) As used in this section: (a) "Agency" means a bail bond agency. (b) "Judgment" means a judgment of bail bond forfeiture issued under Section 77-20-505. (2)(a)…

31A-35-601. Acts of producer or agent. (1) The acts or conduct of any bail bond producer who acts within the scope of the authority delegated to the producer by the bail bond agency or surety insurer are considered to be the acts or conduct of the bail bond agency or surety insur…

31A-35-602. Place of business -- Records to be kept at place of business. (1)(a) A bail bond agency shall have and maintain in this state a place of business: (i) accessible to the public; and (ii) where the bail bond agency principally conducts transactions authorized by its bai…

31A-35-603. Collateral security. (1) A bail bond producer may accept collateral security in connection with a bail transaction, if the collateral security is reasonable in relation to the face amount of the bail bond. (2)(a) The collateral security described in Subsection (1) sha…

31A-35-604. Records. (1) A bail bond producer shall maintain at the bail bond producer's place of business: (a) records of all bail bonds the bail bond producer executes or countersigns, so the public may obtain all necessary information concerning those bail bonds for not less t…

31A-35-605. Guarantors -- Agreement and enforcement. (1) All agreements of persons to act as guarantor for a bail bond shall be in writing or reduced to writing as soon as possible after completion. (2) When a person executes an agreement to act as a guarantor, the bail bond agen…

31A-35-606. Bail agreement prior to commission of offense prohibited. A bail bond agency or bail bond producer may not enter into an agreement or arrangement with any person, guaranteeing or assuring in advance of the commission of any offense that bail will be furnished to that …

31A-35-607. Filing of forms -- Commissioner maintains files. (1)(a) In accordance with Section 31A-21-201, a bail bond agency that meets the financial capacity requirements through the use of a letter of credit, personal property, real property, or a surety insurer shall file wit…

31A-35-608. Premiums and authorized charges. (1) A bail bond agency or bail bond producer may not, in any bail transaction or in connection with that transaction, directly or indirectly, charge or collect money or other valuable consideration from any person except to: (a) pay th…

31A-35-701. Prohibited acts. (1) A bail bond producer or bail bond agency may not: (a) solicit business in or about: (i) any place where persons in the custody of the state or any local law enforcement or correctional agency are confined; or (ii) any court; (b) pay a fee or rebat…

31A-35-702. Early surrender without cause. (1) The bail or bail bond premium shall be returned in full if a bail bond producer without good cause surrenders a defendant to custody before: (a) the time specified in the undertaking of bail or the bail bond for the appearance of the…

31A-35-703. Disciplinary action. (1) A person found to be in violation of the statutes or rules governing the conduct of bail bond producers and bail bond agencies under this chapter is subject to: (a) disciplinary action by the commissioner against that person's: (i) license, if…

31A-35-704. Submission of bail bond agencies and producers to jurisdiction of court. By applying for and receiving a license or certificate to engage in the bail bond insurance business in accordance with this chapter, a bail bond agency or bail bond producer: (1) submits to the …