§ 38-53-150 — Denial, suspension, revocation, or refusal to renew license; monetary penalty.

(A) The director or his designee may deny, suspend, revoke, or refuse to renew any license issued under this chapter for any of the following causes: (1) for any cause sufficient to deny issuance of the original license; (2) violation of any laws of this State relating to bail in the course of dealings under the license issued to a bondsman or runner by the director or his designee; (3) material misstatement, misrepresentation, or fraud in obtaining the license; (4) misappropriation, conversion, or unlawful withholding of monies belonging to insurers or others and received in the conduct of business under the license; (5) fraudulent or dishonest practices while conducting business as a licensee; (6) conviction of a felony within the last ten years regardless of whether the conviction resulted from conduct in or related to the bail bond business; (7) failure to comply with or violation of the provisions of this chapter or of any order of the director or his designee or regulation of the department; (8) when in the judgment of the director or his designee the licensee has in the conduct of his affairs under the license demonstrated incompetency or untrustworthiness, that he is no longer in good faith carrying on the bail bond business, or that he is guilty of rebating, offering to rebate, or offering to divide the premiums received for the bond; (9) for failing to pay any judgment or decree rendered on any forfeited undertaking in any court of competent jurisdiction; (10) for charging or receiving as premium or compensation for the making of any deposit or bail bond any sum in excess of that permitted by this chapter; (11) for requiring as a condition of his executing a bail bond that the defendant agree to engage the services of a specified attorney. (B) The director or his designee, in lieu of revoking or suspending a license in accordance with the provisions of this chapter, in any one proceeding, by order, may require the licensee to pay to the director or his designee to be deposited in the general fund of the State a monetary penalty as provided in Section 38-2-10(2) for each offense. Upon failure of the licensee to pay the penalty within twenty days after the mailing of the order, postage prepaid, registered, and addressed to the last known place of business of the licensee, unless the order is stayed by an order of a court of competent jurisdiction, the director or his designee may revoke the license of the licensee or may suspend the license for a period as he determines. (C) A professional or surety bondsman or runner whose license has been revoked cannot be issued another license for a period of one year and must meet all requirements under this chapter prior to relicensing by the department.

Legislative History

HISTORY: Former 1976 Code SECTION 38-63-160 [1985 Act No. 189, SECTION 1] recodified as SECTION 38-53-150 by 1987 Act No. 155, SECTION 1; 1988 Act No. 374, SECTION 23; 1993 Act No. 181, SECTION 694; 1998 Act No. 425, SECTION 2.