§ 27-10-3-1 — Bail agent and recovery agent; licenses; qualifications

(a) A person may not act in the capacity of a
bail agent or recovery agent or perform any of the functions, duties, or
powers prescribed for bail agents or recovery agents under this article
unless the person is qualified and licensed as provided in this article.
However, none of the terms of this section shall prohibit any individual
or individuals from:
(1) pledging real or other property as security for a bail bond in
judicial proceedings and where the individual does not receive, or
is not promised, money or other things of value; or
(2) executing any bail bond for an insurer, pursuant to a bail bond
service agreement entered into between the insurer and any
automobile club or association, financing institution, insurance
company, or other organization or association, and on behalf of a
person required to furnish bail in connection with any violation of
law arising out of the use of a motor vehicle.
(b) A license:
(1) may not be issued except in compliance with this article; and
(2) may only be issued to an individual.
However, upon an affirmative showing to the commissioner in writing
by an individual that the individual is an all lines fire and casualty
insurance producer, a surety bail agent license shall be issued to the
individual without further qualification or fee to represent an insurer
the individual is licensed to represent. The individual shall be subject
to and governed by laws and rules relating to bail agents when engaged
in the activities of a bail agent.
(c) A firm, a partnership, an association, a limited liability company,
or a corporation may not be licensed.
(d) The applicant must apply in writing, on forms prepared and
supplied by the commissioner, and the commissioner may propound
any reasonable interrogatories to an applicant for a license under this
article or on any renewal of a license relating to the applicant's
qualifications, residence, prospective place of business, and any other
matters which, in the opinion of the commissioner, are deemed
necessary or expedient in order to protect the public and ascertain the
qualifications of the applicant. The commissioner may also conduct any
reasonable inquiry or investigation the commissioner sees fit, relative
to the determination of the applicant's fitness to be licensed or to
continue to be licensed.
(e) The failure of the applicant to secure approval of the
commissioner shall not preclude the applicant from applying as many
times as the applicant desires. However, an applicant's application may
not be considered by the commissioner within one (1) year subsequent
to the date upon which the commissioner denied the applicant's last
application.

Legislative History

As added by P.L.261-1985, SEC.1. Amended by P.L.8-1993, SEC.434; P.L.224-1993, SEC.12; P.L.1-1994, SEC.140; P.L.178-2003, SEC.81.