§ 31A-35-607 — Filing of forms -- Commissioner maintains files.

(1) (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 with the commissioner a copy of each form the bail bond agency or surety insurer uses in the bail bond insurance business.
(1)(b) A surety insurer filing shall comply with the following:
(1)(b)(i) a form shall be identified by a unique form number;
(1)(b)(ii) a form shall include the address, telephone number, and business email address of the bail bond agency and the surety insurer;
(1)(b)(iii) the surety insurer shall file a form on behalf of each bail bond agency appointed to write on behalf of the surety insurer;
(1)(b)(iv) once a filing is filed with the commissioner, it is the responsibility of the surety insurer to verify that the bail bond agency and its producers are using the correct form;
(1)(b)(v) a bail bond agency and its bail bond producers are prohibited from using a form that has not been filed by the surety insurer; and
(1)(b)(vi) a bail bond agency and its bail bond producers are prohibited from making changes to a form that is filed by the surety insurer.
(1)(c) A bail bond agency filing, for a bail bond agency that meets the financial capacity requirements through the use of a letter of credit, personal property, or real estate, shall comply with the following:
(1)(c)(i) a form shall be identified by a unique form number;
(1)(c)(ii) a form shall include the address, telephone number, and business email address of the bail bond agency;
(1)(c)(iii) once a filing is filed with the commissioner, it is the responsibility of the bail bond agency to verify that its bail bond producers are using the correct form;
(1)(c)(iv) a bail bond producer is prohibited from using a form that has not been filed by the bail bond agency; and
(1)(c)(v) a bail bond producer is prohibited from making changes to a form that is filed by the bail bond agency.
(2) A form described in Subsection (1) shall be filed 30 days before the form:

(2)(a) is first used by the bail bond agency or surety insurer; and
(2)(b) is changed after it is filed under Subsection (2)(a).
(3) (3)(a) The commissioner shall maintain and make available for public inspection a file regarding each bail bond agency and each surety insurer.
(3)(b) A bail bond agency and surety insurer shall maintain a form required to be filed under this section in the office of the bail bond agency or surety insurer.

Legislative History

Amended by Chapter 234, 2016 General Session