TITLE 13 INSURANCE
CHAPTER 20 MISCELLANEOUS INSURANCE
PART 2 BAIL BONDSMEN AND SOLICITORS
13.20.2.1 ISSUING AGENCY: Office of Superintendent of Insurance (OSI),
Post Office Box 1689, Santa Fe, NM 87504-1689.
[13 NMAC 20.2.1; -
Rp, 13.20.2.1 NMAC, 7/11/17]
13.20.2.2 SCOPE: This rule applies to all persons seeking
licensure to transact, or all persons transacting bail bond business in New
Mexico.
[13 NMAC 20.2.2 - Rp, 13.20.2.2
NMAC, 7/11/17]
13.20.2.3 STATUTORY AUTHORITY: Sections 59A-2-8, 59A-2-9 NMSA 1978 and
59A-51-1 NMSA 1978 et seq.
[13 NMAC 20.2.3 - Rp, 13.20.2.3
NMAC, 7/11/17]
13.20.2.4 DURATION: Permanent.
[13 NMAC 20.2.4 - Rp, 13.20.2.4
NMAC, 7/11/17]
13.20.2.5 EFFECTIVE DATE: July 11, 2017
[13 NMAC 20.2.5 - Rp, 13.20.2.5
NMAC, 7/11/17]
13.20.2.6 OBJECTIVE: The purpose of this rule is to implement the
Bail Bondsmen Licensing Law, Section 59A-51-1 NMSA 1978 et seq.
[13 NMAC 20.2.6 - Rp, 13.20.2.6
NMAC, 7/11/17]
13.20.2.7 DEFINITIONS: All of the definitions contained in the bail bondsmen
licensing law are applicable in this section.
Additionally, as used in this rule:
A. “Accredited
provider” means a provider of either continuing education or of the
required pre-licensing formal classroom education as described in Sections
13.20.2.11 NMAC and 13.20.2.12 NMAC, who has been awarded official approval by
the insurance education committee and the superintendent.
B. “Clock hour” means 50 minutes of
continuous formal pre-licensing or continuing education classroom education.
C. “Extraterritorial recovery” means travel outside of a 60-mile radius from the bail bondsman’s
physical office address for purposes of recovering and delivering an absconder
to the court.
D. “Limited
surety agent” has the same
meaning as defined in Subsection C of Section 59A-51-2 NMSA 1978.
E. “Principal” means a
person acting on behalf of the defendant to arrange for or execute a surety bond
and who bears the risk upon forfeiture.
F. “Property bondsman” has the same
meaning as defined in Subsection D of Section 59A-51-2 NMSA 1978.
G. “Solicitor” has the same meaning
as defined in Subsection E of Section 59A-51-2 NMSA 1978.
H. “Sponsoring
bondsman” means a licensed bail bondsman that has been accredited and awarded
official approval by the insurance education committee and the superintendent
to sponsor a solicitor and provide on-the-job training for bail bondsmen and solicitor applicants, as
described in Section 13.20.2.12 NMAC.
I. “Superintendent” means the
Superintendent of Insurance.
[13 NMAC 20.2.7 - Rp, 13.20.2.7
NMAC, 7/11/17]
13.20.2.8 LICENSING RESTRICTIONS:
A. All applicants.
(1) 18 U.S.C. Sections 1033 and 1034 of
the Violent Crime Control and Law Enforcement Act of 1994, and the New Mexico Criminal
Offender Employment Act, Section 28-2-1 NMSA 1978 et seq., apply to all bail bondsmen and solicitor applicants.
(2) Pursuant
to Subsection A of Section 59A-51-3 NMSA 1978, no person shall act as a property bondsman, limited surety agent
or solicitor, or perform any functions or duties or exercise any of the powers
prescribed for bail bondsmen or solicitors in the bail bondsmen licensing law, unless such person is qualified and licensed.
B. Bail bondsmen.
(1) An
individual seeking to transact or transacting both surety and property bail
bonds must be licensed as both a limited surety agent and a property bondsman.
(2) A
licensed bail bondsman shall not concurrently be licensed as a solicitor.
(3) A
bail bondsman shall be a high school graduate or have passed a high school
equivalency examination. This
requirement is waived for bail bondsmen who were licensed prior to May 21, 2014.
(4) A licensed bail bondsman shall
not engage in untrustworthy or incompetent conduct.
C. Solicitors.
(1) A solicitor shall not
concurrently be licensed as a bail bondsman.
(2) A solicitor shall not
concurrently be employed by more than one bail bondsman and must be registered with
the superintendent by the employer bail bondsmen within seven days of
employment.
(3) The
solicitor’s license shall cover the kinds of bail bonds for which the employer
bail bondsman is licensed.
(4) A solicitor employed by
a limited surety agent shall not sign surety bail bonds.
(5) A
licensed solicitor shall not engage in untrustworthy or incompetent conduct.
D. Revocation of
license. The superintendent shall
suspend or revoke a license of a bondsman or a solicitor if there is a finding
of conduct that was a source of injury or loss to the public, including a
finding that the bondsman or solicitor licensee:
(1) is unfit to engage in the bail bond business;
(2) has
engaged in actions that are detrimental to the public interest;
(3) is
no longer engaging in business in good faith;
(4) is
guilty of offering a rebate on commissions as surety agent or property bondsman;
or
(5) has
made false representation regarding the requirements and compliance with the bail
bondsmen licensing law.
E. Fines
and penalties. The superintendent
may impose a fine not to exceed $1,000.00 for each violation and may also
impose a penalty pursuant to Section 59A-1-16 NMSA 1978.
[13 NMAC 20.2.8 - Rp, 13.20.2.8
NMAC, 7/11/17]
13.20.2.9 APPLICATION FOR LICENSE: The requirements in this section are in
addition to the requirements of Section 59A-51-5 NMSA 1978.
A. All applicants.
(1) The
applicant shall complete pre-licensing education, as described in Subsection B
of 13.20.2.11 NMAC.
(2) The applicant shall complete
on-the-job training requirements, as described in Subsection B of 13.20.2.12
NMAC.
(3) The applicant shall register for and
complete the required examination. Proof
of the applicant’s identity, including a recent legible credential-sized
full-face photograph of the applicant shall be provided by the applicant at the
time of the exam and shall be submitted to the superintendent by the exam
vendor along with the applicant’s exam result.
(4) The applicant shall complete the license application,
which shall be signed by the applicant, under oath if required by the form.
(a) The
application shall state the type of license applied for.
(b) The
application shall be accompanied by the license application filing fee.
(5) The
application shall require such information about the applicant as:
(a) the applicant’s name, date of birth, social security
number, residence address, mailing address, business address and a valid
electronic mail (email) address;
(b) the applicant’s personal history and business experience;
(c) the applicant’s experience or special training or
education in the bail bond business;
(d) whether
the applicant was ever previously licensed to transact bail bonds or any other
insurance business in this state or elsewhere;
(e) whether
any bail bondsman, insurance or other professional license of the applicant was
ever refused, suspended or revoked;
(f) whether
any insurer or bail bondsman claims that the applicant is indebted to it, and
if so, the details of the claim;
(g) whether
the applicant has ever had an insurance agency contract cancelled and the facts
concerning the cancellation; and
(h) such other pertinent information about the applicant as
the superintendent may reasonably require.
B. Non-resident
applicants.
(1) All
non-resident applicants must keep a current business, mailing, residence and email
address on file with the superintendent.
(2) All
non-resident applicants must irrevocably appoint the superintendent, on a form
prescribed and furnished by the superintendent, as agent on whom service of
process may be served.
(a) Upon
service, the superintendent shall promptly forward a copy by certified mail,
return receipt requested to the non-resident licensee at the non-resident
licensee’s last address of record.
(b) Process served and copy forwarded to
the last address of record with the superintendent constitutes personal service
upon the non-resident licensee.
(3) A
non-resident licensee shall also file a written agreement with the
superintendent, to appear before the superintendent pursuant to a notice of
hearing, show cause order or subpoena issued by the superintendent and
deposited, postage paid, by certified mail in a letter depository of the United
States post office, addressed to the non-resident licensee at the last address
of record.
(4) A
failure to appear by the non-resident licensee will constitute a consent to
subsequent suspension, revocation or refusal by the superintendent to continue
the license.
C. Limited surety agents.
(1) The application shall show “bail bonds” as the class of
surety insurance business to be transacted.
(2) The
application must be accompanied by appointment of the applicant as a limited
surety agent by an authorized surety insurer, subject to issuance of the
license.
(3) If required by the superintendent, the surety insurer
shall certify in writing:
(a) that it has investigated the applicant’s experience or
training in the bail bond business;
(b) that it has investigated the applicant’s business and
personal reputation;
(c) that it believes the applicant is trustworthy and worthy
of licensing; and
(d) that
it believes the applicant intends in good faith to engage in the bail bond
business.
D. Property bondsmen.
(1) The application shall show “property bail bonds” as the
class of bail bond business to be transacted.
(2) The applicant shall demonstrate financial responsibility
by filing a detailed financial statement, signed under oath. All instructions
for preparing and submitting a detailed financial statement are available on
the OSI website.
(3) Prior
to issuance of the license, the applicant shall deposit with the superintendent
an acceptable deposit as defined in Section 51A-51-8 NMSA.
E. Solicitors.
(1) The
application shall be accompanied by a written appointment of the applicant as a
solicitor by a licensed bail bondsman, subject to issuance of the license.
(2) If required by the superintendent, the sponsoring bail
bondsman shall certify in writing:
(a) that he has investigated the applicant’s experience or
training in the bail bond business;
(b) that he has investigated the applicant’s business and
personal reputation;
(c) that he believes the applicant is trustworthy and worthy
of licensing;
(d) that he believes the applicant intends in good faith to
engage in the bail bond business; and
(e) that
he shall supervise the solicitor’s activities on the bondsman’s behalf.
F. Approval or denial of license application.
(1) Prior
to submission of an application, the applicant shall pass the examination
conducted by and under authorization of the superintendent, with a score of
seventy percent or higher.
(2) After
completing a review of an application for a license as a bail bondsman or
solicitor, the superintendent shall notify the applicant in writing whether the
application has been approved or denied.
[13 NMAC 20.2.9 - Rp, 13.20.2.9
NMAC, 7/11/17]
13.20.2.10 SCOPE
OF EDUCATION AND EXAMINATION: Pre-licensing and
continuing education courses, on-the-job training, and examinations shall be
based on the following subjects, laws and rules:
A. Subjects:
(1) ethics;
(2) bond forfeiture procedures;
(3) rights of the accused;
(4) permitted and prohibited rates and charges;
(5) receipt and return of collateral security;
(6) financial management, accounting, trust account
maintenance, and fiscal responsibilities;
(7) violations of law and applicable penalties;
(8) procedures for recovering a defendant who fails to appear
and for returning a defendant to custody;
(9) record-keeping requirements;
(10) reporting requirements; and
(11) other relevant issues confronting the bail bond business in
New Mexico.
B. Laws:
(1) Chapter 59A, Article 51 NMSA 1978, the Bail Bondsmen
Licensing Law;
(2) all NMSA 1978 articles and sections cited in the bail
bondsmen licensing law;
(3) Chapter 31, Article 3, NMSA 1978, Bail; and
(4) Chapter 46, Article 6 NMSA 1978, Surety Bonds.
C. Rules:
(1) Rule 5-401 et seq. NMRA 1999, Rules of Criminal Procedure for the district courts;
(2) Rule 6-401 et seq. NMRA 1999, Rules of Criminal Procedure for the magistrate courts;
(3) Rule 7-401 et seq. NMRA 1999, Rules of Criminal Procedure for the metropolitan courts;
(4) Rule 8-401 et seq. NMRA 1999, Rules of Criminal Procedure for the municipal courts;
(5) Forms 9-302 through 9-311 NMRA 1999, Criminal Forms;
(6) 13.4.7 NMAC, continuing education requirements; and
(7) this rule.
[13 NMAC 20.2.10 - Rp, 13.20.2.10
NMAC, 7/11/17]
13.20.2.11 PRE-LICENSING
CLASSROOM EDUCATION:
A. Accreditation. A provider seeking to
offer formal pre-licensing classroom education courses for bail bondsmen or
solicitors shall be approved and accredited by the insurance education committee
as provided in 13.4.7 NMAC, Continuing Education Requirements.
B. Pre-licensing
classroom requirements. Each
applicant shall complete 10 clock hours of pre-licensing classroom education
using a curriculum that has been approved by the superintendent.
C. Curriculum. Once a year, during the month of January but
before January 31, an accredited provider shall file a course curriculum with
the superintendent for approval. The
course curriculum shall be based on the subjects, laws and rules cited in
13.20.2.10 NMAC, shall describe how each subject will be taught to the
applicant, and shall indicate the approximate amount of time to be allocated to
each subject.
D. Course sites. Accredited providers shall offer formal
pre-licensing classroom education courses in at least two geographic areas of
the state located not less than 150 miles apart, as measured in driving
distance from one course site to the other, until such time as the
superintendent determines that sufficient classes are available statewide.
E. Certificate of completion. For each applicant who successfully completes
the entire 10 clock hours of required pre-licensing classroom education, the
accredited provider shall prepare and furnish to the applicant on the form
provided by the superintendent a written certificate stating that the applicant
has successfully completed the required formal pre-licensing classroom
education in accordance with the approved curriculum. The accredited provider shall specify the
number of hours the applicant attended the course.
[13 NMAC 20.2.11 - Rp, 13.20.2.11
NMAC, 7/11/17]
13.20.2.12 PRE-LICENSING
ON-THE-JOB TRAINING:
A. On-the-job training plan. Once a year, during the
month of January but before January 31, the sponsoring bail bondsman shall file
an on-the-job training plan with the superintendent for approval. The on-the-job training plan shall be based on
the subjects, laws and rules cited in 13.20.2.10 NMAC, shall describe how each
subject will be taught to the applicant, and shall indicate the approximate
amount of time to be allocated to each subject.
B. Training requirements.
Each applicant shall complete 30
clock hours of on-the-job training under the direct supervision of a sponsoring
bail bondsman.
C. Certificate of completion. For each applicant who successfully completes
on-the-job training, the sponsoring bail bondsman shall certify in writing to the
superintendent that the applicant has been taught the subjects pertinent to the
duties and responsibilities of a bail bondsman, including ethics, all laws and
rules related to the bail bond business and that applicant is prepared to take
the exam. The sponsoring bail bondsman
shall prepare and furnish to the applicant on the form provided by the
superintendent a written certificate stating that the applicant has
successfully completed on-the-job training in accordance with the approved
on-the-job training plan.
[13 NMAC 20.2.12 - Rp, 13.20.2.12
NMAC, 7/11/17]
13.20.2.13 WAIVER
OF PRE-LICENSING EDUCATION REQUIREMENTS: Upon
written request from an applicant, the superintendent may, at his discretion,
waive the pre-licensing education requirements whenever the applicant’s background
and experience so warrant.
[13 NMAC 20.2.13 - Rp, 13.20.2.14
NMAC, 7/11/17]
13.20.2.14 ELIGIBILITY
FOR LICENSE:
A. Before an applicant may take the examination
required for licensure, the applicant shall:
(1) complete
the pre-licensing classroom education and on-the-job training required by
13.20.2.11 NMAC and 13.20.2.12 NMAC, unless the pre-licensing education
requirement is waived by the superintendent as provided for in 13.20.2.13 NMAC;
(2) submit
a written certificate of completion from his sponsoring bail bondsman for
on-the-job training; and
(3) submit
a written certificate of completion from an accredited provider for formal
pre-licensing classroom education, if applicable.
B. Prior to licensure the applicant must
successfully pass the examination.
[13 NMAC 20.2.14 - Rp, 13.20.2.15
NMAC, 7/11/17]
13.20.2.15 SPONSORING
BAIL BONDSMEN:
A. Certification:
(1) Application: A bail bondsman seeking to be accredited as a
sponsoring bail bondsman or as an accredited provider shall file an application
with the superintendent on a form prescribed by the superintendent.
(2) Qualifications: The superintendent may certify a person as a
sponsoring bail bondsman or an accredited provider if the person:
(a) is a licensed bail bondsman in good standing in this state
or elsewhere;
(b) has been actively engaged in the bail bond business in
this state or elsewhere for at least three years;
(c) has
reasonable knowledge of the bail bond business and the laws and rules governing
its transaction in New Mexico; and
(d) has a good business and personal reputation.
(3) Certificate: The superintendent shall issue written
authorization to act as a sponsoring bail bondsman or as an accredited provider.
B. Assignment: The superintendent may assign a sponsoring
bail bondsman to conduct on-the-job training for an applicant for licensure as
a bail bondsman or solicitor.
C. De-certification: The superintendent may decertify a sponsoring
bail bondsman for:
(1) refusal or failure to conduct on-the-job training for an
applicant for licensure as a bail bondsman or solicitor; or
(2) failure to continue to meet the qualifications set forth
in Paragraph (2) of Subsection A of 13.20.2.15 NMAC.
[13 NMAC 20.2.15 - Rp, 13.20.2.16
NMAC, 7/11/17]
13.20.2.16 CONTINUING
EDUCATION: Continuing education for bail bondsmen and
solicitors shall be provided in accordance with 13.4.7 NMAC, Continuing
Education Requirements. The continuing education
hourly requirements in 13.4.7 NMAC shall be completed prior to license renewal
for a bail bondsman or solicitor licensee issued a license by the
superintendent.
[13 NMAC 20.2.16 - Rp, 13.20.2.17
NMAC, 7/11/17]
13.20.2.17 RESPONSIBILITIES
OF BAIL BONDSMEN:
A. Permanent street address of place of business. Every bail bondsman and solicitor shall have
and maintain in this state a place of business accessible to the public where
the bail bondsman or solicitor principally conducts bail bond transactions. The permanent street address of such place
shall appear upon the bail bondsman’s or solicitor’s license, and the bail
bondsman shall notify the superintendent in writing or as otherwise specified
by the superintendent within 30 days of any change of address. Nothing in this paragraph shall prohibit the
bail bondsman from maintaining his place of business in his residence in this
state as long as the residence is properly permitted by the municipality in
which the residence is located. A
bondsman with more than one office location must have a permanent street
address in each office location.
B. Affiliation. Any licensee licensed under the bail bond licensing
law doing bail bond business in a business entity name, must complete a
business entity license application, and must provide business registration
documents for the business entity from the New Mexico office of secretary of state,
to the superintendent. All bail bond
business must be conducted in the business entity name.
C. Display of licenses. The licenses of the bail bondsman and the
solicitors employed by him shall be conspicuously displayed in a part of the
place of business customarily open to the public.
D. Allowable charges. A bail bondsman shall not accept any charges,
fees, reimbursement or other remuneration except as approved by the
superintendent.
E. Receipt for premium required. A bail bondsman shall issue a receipt for
premium collected that includes the following information:
(1) the name and address of the bail bondsman or solicitor
collecting premium;
(2) the face amount of the bond;
(3) the date bond was posted;
(4) the defendant’s name, address and date of birth;
(5) the charges against the defendant;
(6) the
date of the defendant’s release;
(7) the date and time the defendant is required to appear;
(8) the case number;
(9) the name and address of the court at which the defendant
must appear; and
(10) the signature of the defendant or principal acknowledging
delivery of the receipt for premium.
F. Payment by credit card. A bail bondsman may accept payment by credit
card as long as the fee charged by the credit card company is not passed on to
the client.
G. Maintenance of
bond or deposit. A bond or deposit
must be maintained until all bonds that have been posted with all courts
becomes exonerated.
H. Restrictions.
(1) A bondsman shall not offer a reduction in rates, charges
or premiums or give or promise anything of value to the defendant or principal
or anyone on behalf of the defendant or principal.
(2) A
bondsman shall not suggest or recommend an attorney to represent the defendant.
If pressed to provide a referral, the
bondsman may suggest that the defendant or principal contact the local bar
association.
(3) A bondsman shall not participate as an attorney at trial
or hearing on behalf of a defendant or surety.
I. In relation to solicitors.
(1) Notice of employment. A sponsoring bondsman shall register a
licensed solicitor with the superintendent within seven days of employment with
the bail bondsman and shall supervise the activities of every solicitor in the
bail bondsman’s employ.
(2) Records of transactions. A bail bondsman shall maintain all records
of his solicitors’ bail bond transactions in his principal place of business,
provided that a bail bondsman:
(a) may
collect the records of solicitors not working out of the bail bondsman’s
principal place of business monthly; and
(b) shall
make all records of bail bond transactions made pursuant to his license
available for inspection at his principal place of business within 48 hours of
a request from the superintendent.
(3) Annual
report. The bail bondsman shall file
an annual report with the superintendent on or before March 1 of each year, to
include an alphabetic list of all solicitors whose license will be continued
and who have met license renewal requirements in accordance with Section
59A-11-1, et seq.
(4) Termination. When the employment relationship between a
bail bondsman and solicitor ceases as a result of either discharge or
resignation, the bail bondsman shall terminate the appointment as prescribed in
Section 59A-51-12B NMSA 1978.
(5) Notice
of termination. When a bail bondsman
terminates his relationship with a solicitor, the bail bondsman shall file a
confidential written notice of the termination with the superintendent within
30 days. This notice shall include the following:
(a) a
statement that the bail bondsman has provided written notice of the termination
to the solicitor; and
(b) a
statement of the reason, if any, for the termination.
[13 NMAC 20.2.17 - Rp, 13.20.2.18
NMAC, 7/11/17]
13.20.2.18 RESPONSIBILITIES
OF SOLICITORS:
A. The transactions of a solicitor under a solicitor’s
license shall be in the name of the employer bail bondsman.
B. A solicitor shall maintain records of his bail bond
transactions.
C. A solicitor shall notify the superintendent and the
employer bail bondsman when he ceases employment as a solicitor.
D. A solicitor shall not suggest or recommend an attorney to
represent the defendant. If pressed to
provide a referral, the bondsman may suggest that the defendant or principal
contact the local bar association.
E. A solicitor shall not participate as an attorney at trial
or hearing on behalf of a defendant or surety.
[13 NMAC 20.2.18 - Rp, 13.20.2.19
NMAC, 7/11/17]
13.20.2.19 EVIDENCE
OF LICENSE AND EMPLOYMENT:
A. When posting a bail bond, a bail bondsman or
solicitor transacting bail bond business in New Mexico must show that he has a
valid license issued by the superintendent.
B. When
countersigning bonds for another bail bondsman, a bail bondsman must show proof
that he is employed by the authorizing bail bondsman.
[13 NMAC 20.2.19 - Rp, 13.20.2.20
NMAC, 7/11/17]
13.20.2.20 COLLATERAL
SECURITY OR OTHER INDEMNITY:
A. Permissible forms. Collateral security may be in the form of cash
or negotiable instruments, a mortgage on real property, personal property, or a
lien on personal property.
B. Receipt required. A bail bondsman shall
issue a receipt for collateral or security deposited with him or her that
includes the following information:
(1) the depositor’s name, address and date of birth;
(2) the defendant’s name;
(3) a description and the actual or estimated value of the
collateral or security deposited;
(4) a description of the
condition of the collateral or security at the time it is received by the bail
bondsman;
(5) the
printed name and the signature of the person receiving the deposited collateral
or security; and
(6) an
acknowledgement that the collateral or security has been returned to the
depositor, the date returned, and to whom.
C. Reasonable amount. A bail bondsman may charge or accept
collateral or security or other indemnity that is of reasonable value in
relation to the amount of the bond. No
collateral or security in tangible property may be retained, sold or otherwise
disposed of upon default of the premium payment. The bail bondsman’s aggregate interest in any
combination of collateral, security or real property shall be limited to one hundred
percent of the amount of the bond.
D. Return of collateral. Except for the premium on the bond and any expenses
incurred in extraterritorial recovery, a bail bondsman shall return to the
client any collateral not forfeited to a court within 10 days of final
termination of liability on the bond, as evidenced by receipt of the judgment
and sentence in the case, a certificate of discharge, or an order releasing the
bond. The client may retrieve the
collateral at the bail bondsman’s place of business or the bail bondsman may
deliver the collateral to the client in a manner or at a location agreeable to
the client. A bail bondsman shall not
use collateral to pay for expenses of recovering a defendant who fails to
appear.
E. Unclaimed collateral. A bail bondsman shall maintain and dispose of
any unclaimed collateral in accordance with the Uniform Unclaimed Property Act,
Sections 7-8A-1 NMSA 1978 et seq.
[13 NMAC 20.2.20 - Rp, 13.20.2.21
NMAC, 7/11/17]
13.20.2.21 RECORDS
OF OPERATIONS: Every bail bondsman shall keep the records
required by Subsections A and B of 13.20.2.22 NMAC for at least three years
after final termination of liability on the bond and the records required by Subsection
C of 13.20.2.22 NMAC for at least five years after final termination of
liability on the bond.
A. Bail bond transactions. The record of bail bond transactions shall
show:
(1) the name of the solicitor or bondsman involved in the
transaction, if any;
(2) the name and address of the defendant;
(3) the name and address of the person paying the premium for
the bail bond;
(4) the court in which the bail bond was posted;
(5) the type of bail bond;
(6) the amount of the premium; and
(7) whether
the bond was forfeited.
B. Receipt and return of collateral security in the form
of property. The record of property
received and returned shall show:
(1) the date the property was received;
(2) the name and address of the person from whom the property
was received;
(3) a description of the collateral;
(4) the estimated value of the collateral; and
(5) the
date the property was returned.
C. Receipt and return of collateral security in the form
of cash or negotiable instruments. Cash
and negotiable instruments received as collateral security shall be deposited
in one or more trust accounts maintained for that purpose. The record of trust accounts shall show:
(1) the date the cash or negotiable instrument was received;
(2) the amount of the cash or negotiable instrument received;
(3) the name and address of the person from whom the cash or
negotiable instrument was received;
(4) the name and address of the financial institution
maintaining the trust account;
(5) the date of each disbursement;
(6) the amount of each disbursement;
(7) the name of the person to whom the disbursement was made;
and
(8) the reason for the disbursement.
[13 NMAC 20.2.21 - Rp, 13.20.2.22
NMAC, 7/11/17]
13.20.2.22 PROPERTY
BONDSMAN’S SCHEDULE OF CHARGES AND RATING PLAN: Every
property bondsman shall maintain records to confirm compliance with the
superintendent’s published premium rates, schedule of charges and rating plan. The superintendent may, if he deems it
necessary to evaluate compliance require the property bondman to submit audited
financial statements under oath.
A. The published premium rates, schedule of charges and
rating plan shall be available on the OSI website and will be updated
periodically, pursuant to a public hearing, as deemed necessary by the
superintendent.
B. The
published premium rates, schedule of charges and rating plan shall be:
(1) posted in a conspicuous place in the bail bondsman’s place
of business;
(2) available for public inspection in the offices of the
superintendent; and
(3) provided to any court upon request.
[13 NMAC 20.2.22 - Rp, 13.20.2.23
NMAC, 7/11/17]
13.20.2.23 INSTRUCTIONS
FOR PREPARING AND SUBMITTING THE ANNUAL FINANCIAL STATEMENT: Upon the licensee’s renewal
anniversary date, property bondsman must submit a detailed financial statement
to the OSI examinations bureau. All
instructions for preparing and submitting a financial statement are posted on
the OSI website at: http://www.osi.state.nm.us/. In lieu of
submitting the detailed financial statement, the licensee may provide a copy of
the most recent federal tax return along with evidence that any funds due
pursuant to the return were also submitted.
[13 NMAC 20.2.23 - Rp, 13.20.2.24
NMAC, 7/11/17]
13.20.2.24
– 13.20.2.33 [RESERVED]
HISTORY OF 13.20.2 NMAC:
Pre-NMAC History: The
material in this part was derived from that previously filed with the State
Records Center:
INS Rule 79-1, Regulations Governing the Licensing of Bail
Bondsmen and Surety Bondsmen, filed 10/17/79.
The Bail Bondsman Licensing Law, Sections 59A-51-1 et seq. NMSA 1978, was amended
in Section 39, L. 2014 Ch. 21, and became effective on May 21, 2014.
History of Repealed
Material:
13 NMAC 20.2, Licensing Property and Surety Bondsmen, was repealed
effective December 31, 1999 and re-promulgated as 13 NMAC 20.2, Bail Bondsmen
and Solicitors, effective January 1, 2000.
13 NMAC 20.2, Bail Bondsmen and Solicitors, was repealed and replaced by 13.20.2 NMAC, Bail Bondsmen and Solicitors, effective July 11, 2017.