Filing of forms -- Commissioner maintains files.

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  • (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.
    • (b) A surety insurer filing shall comply with the following:
      • (i) a form shall be identified by a unique form number;
      • (ii) a form shall include the address, telephone number, and business email address of the bail bond agency and the surety insurer;
      • (iii) the surety insurer shall file a form on behalf of each bail bond agency appointed to write on behalf of the surety insurer;
      • (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;
      • (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
      • (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.
    • (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:
      • (i) a form shall be identified by a unique form number;
      • (ii) a form shall include the address, telephone number, and business email address of the bail bond agency;
      • (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;
      • (iv) a bail bond producer is prohibited from using a form that has not been filed by the bail bond agency; and
      • (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:
    • (a) is first used by the bail bond agency or surety insurer; and
    • (b) is changed after it is filed under Subsection (2)(a).
  • (3)
    • (a) The commissioner shall maintain and make available for public inspection a file regarding each bail bond agency and each surety insurer.
    • (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.




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