41-1039. LICENSE REQUIRED. (1) No person shall hold himself out to be a bail agent or sell, solicit, negotiate, advise or consult regarding the terms of bail bond contracts in this state unless that person is licensed as a producer in the line of surety insurance. The director is vested with the exclusive authority to license bail agents and the authority to regulate the solicitation, negotiation and transaction of bail with retail consumers of bail bonds, provided however, that a court retains the authority to refuse to accept bail bonds from a surety or a bail agent pursuant to its inherent authority, pursuant to Idaho Code, or as provided by supreme court rules, guidelines or appellate decisions.
(2) A bail agent is authorized to execute and countersign undertakings of bail, including bail bonds, in connection with any judicial proceedings in each of the judicial districts of the state. Any sheriff or clerk of the district court shall accept bail bonds only from a bail agent, unless otherwise ordered by the court pursuant to subsection (1) of this section.
(3) In addition to the authority to revoke, suspend or refuse to issue a bail agent’s license pursuant to section 41-1016, Idaho Code, the director shall suspend a license for a period not to exceed six (6) months, after mailing notice to the last known address of the bail agent but prior to a hearing, if such bail agent:
(a) Has been convicted or has entered a guilty plea to any felony or to a misdemeanor evidencing theft, dishonesty, intimidation, threats, or violence; or
(b) Intentionally and fraudulently makes a false statement to a court in connection with a bail transaction.
(4) In addition to the provisions of subsection (3) of this section, the director may also suspend a license for a period not to exceed six (6) months, after mailing notice to the last known address of the bail agent but prior to a hearing, for reasons set forth in the rules of the department.
History:
[41-1039, added 2003, ch. 104, sec. 3, p. 329; am. 2010, ch. 86, sec. 3, p. 166; am. 2013, ch. 36, sec. 1, p. 77; am. 2019, ch. 266, sec. 3, p. 780.]
Structure Idaho Code
Chapter 10 - PRODUCER LICENSING
Section 41-1001 - PURPOSE AND SCOPE.
Section 41-1002 - TERMS CONSTRUED.
Section 41-1003 - DEFINITIONS.
Section 41-1004 - LICENSE REQUIRED.
Section 41-1005 - EXCEPTIONS TO LICENSING.
Section 41-1006 - APPLICATION FOR EXAMINATION.
Section 41-1007 - APPLICATION FOR PRODUCER LICENSE.
Section 41-1008 - PRODUCER LICENSE.
Section 41-1009 - NONRESIDENT PRODUCER LICENSE.
Section 41-1010 - NONRESIDENT PRODUCERS — SERVICE OF PROCESS.
Section 41-1011 - ISSUANCE — REFUSAL OF LICENSE.
Section 41-1012 - EXEMPTION FROM EXAMINATION.
Section 41-1013 - CONTINUATION — EXPIRATION OF LICENSES — CONTINUING EDUCATION STATEMENT.
Section 41-1014 - ASSUMED NAMES.
Section 41-1015 - TEMPORARY LICENSING.
Section 41-1016 - ADMINISTRATIVE PENALTY — SUSPENSION, REVOCATION, REFUSAL OF LICENSE.
Section 41-1017 - COMMISSIONS.
Section 41-1018 - APPOINTMENTS.
Section 41-1019 - NOTIFICATION TO DIRECTOR OF TERMINATION.
Section 41-1020 - RECIPROCITY.
Section 41-1021 - REPORTING OF ACTIONS.
Section 41-1022 - INSURERS MUST ACCEPT BUSINESS THROUGH LICENSED PRODUCERS ONLY.
Section 41-1023 - COUNTERSIGNATURE OF POLICIES — POWER OF ATTORNEY.
Section 41-1024 - REPORTING AND ACCOUNTING FOR PREMIUMS.
Section 41-1026 - PROCEDURE FOLLOWING SUSPENSION, REVOCATION, DENIAL — REINSTATEMENT.
Section 41-1028 - INACTIVE STATUS.
Section 41-1029 - SEVERABILITY.
Section 41-1030 - PRODUCER COMPENSATION.
Section 41-1037 - REQUIREMENTS FOR BAIL AGENTS — FINDINGS — PURPOSE.
Section 41-1038 - DEFINITIONS.
Section 41-1039 - LICENSE REQUIRED.
Section 41-1040 - BOND REQUIRED.
Section 41-1042 - COLLECTIONS AND CHARGES PERMITTED.
Section 41-1044 - EARLY SURRENDER OF DEFENDANT TO CUSTODY — RETURN OF PREMIUM.
Section 41-1045 - RESPONSIBILITY FOR ACTIONS OF OTHERS.
Section 41-1081 - REQUIREMENTS FOR SALE OF PORTABLE ELECTRONICS INSURANCE — FINDINGS — PURPOSE.
Section 41-1082 - DEFINITIONS.
Section 41-1083 - LICENSURE OF VENDORS.
Section 41-1084 - REQUIREMENTS FOR SALE OF PORTABLE ELECTRONICS INSURANCE.
Section 41-1085 - AUTHORITY OF VENDORS OF PORTABLE ELECTRONICS.
Section 41-1086 - RESPONSIBILITY FOR ACTIONS OF OTHERS.
Section 41-1087 - SUSPENSION OR REVOCATION OF LICENSE.
Section 41-1088 - TERMINATION OF PORTABLE ELECTRONICS INSURANCE.
Section 41-1089 - APPLICATION FOR LICENSE AND FEES.
Section 41-1090 - SHORT TITLE.
Section 41-1091 - DEFINITIONS.
Section 41-1092 - REQUIREMENTS FOR LIMITED LINES TRAVEL INSURANCE PRODUCERS.
Section 41-1093 - REGISTRATION REQUIRED.
Section 41-1094 - TYPE OF POLICY.
Section 41-1095 - RESPONSIBILITY OF LIMITED LINES TRAVEL INSURANCE PRODUCERS.