(1) No insurance producer shall claim to be a representative or authorized or appointed agent of, or use any other term implying a contractual relationship with, a particular bail insurance company or accept applications on behalf of the bail insurance company unless the insurance producer becomes through a written contract a producer appointee, appointed by that bail insurance company in accordance with this section, to act in the capacity of an agent of the bail insurance company.
(2) (a) A bail insurance company shall notify the commissioner of each insurance producer appointment. Each bail insurance company shall file with the commissioner, monthly or at such other less frequent intervals as the commissioner may prescribe, a current list of insurance producers that it has appointed to solicit business on its behalf. The list shall contain all relevant appointment information as prescribed by the commissioner, including the effective date of appointment.
(b) Subject to renewal, each insurance producer appointment shall remain in effect until:
The insurance producer's license is allowed to expire, discontinued, or cancelled bythe insurance producer or revoked by the commissioner; or
Notice of termination of the appointment is filed with the commissioner by the insurer.
(c) (I) A bail insurance company shall not appoint an insurance producer to act as its agent to write bail bonds unless the agent is licensed as an insurance producer authorized to write bail bonds and has completed the prelicensure education required by this paragraph (c) and submitted to the bail insurance company evidence of satisfactory completion of the education. The education must be approved by the division and consist of at least:
Eight clock hours regarding bail bonding, two of which concern the criminal courtsystem, two of which concern bail bond industry ethics, and four of which concern the bail bond laws; and
Sixteen clock hours of training in bail recovery practices that complies with standards established by the peace officers standards and training board under section 24-31-303 (1)(h), C.R.S.
This paragraph (c) does not apply to a person who has successfully completed therequired prelicensure training pursuant to section 12-7-102.5, C.R.S., as it existed prior to July 1, 2012.
A bail insurance company failing to comply with this paragraph (c) is subject todiscipline under section 10-1-110 or the assessment of a penalty.
Each active insurance producer appointment shall be subject to renewal on October 1 of the renewal year. The division shall provide a list of active insurance producer appointees to the bail insurance company along with a renewal invoice stating the fee required for the renewal of each active insurance producer appointment.
Any appointment that is not renewed on or before October 1 shall be deemed to haveexpired or been discontinued, effective on that date; except that the commissioner may renew an insurer's appointment upon receipt of the renewal invoice together with the renewal fees due and any applicable late fee.
Source: L. 2004: Entire section added, p. 1749, § 1, effective July 1. L. 2012: (1), (2)(a), IP(2)(b), (2)(b)(I), and (3) amended and (2)(c) added, (HB 12-1266), ch. 280, p. 1494, § 10, effective July 1.