A. In order to be eligible to take the examination required to be licensed as a bail bondsman or solicitor, the applicant shall complete pre-licensing requirements as prescribed by rule. Pre-licensing requirements shall include formal classroom education, the form and content of which shall be subject to approval by the superintendent. In addition, the applicant shall complete thirty hours of on-the-job training under the direct supervision of a licensed bail bondsman who shall certify in writing that the applicant has been taught the subjects pertinent to the duties and responsibilities of a bail bondsman, including ethics and all laws and rules related to the bail bond business, and that the applicant is prepared to take the examination.
B. Prior to renewal of a bail bondsman's or solicitor's license, a licensee shall complete annually continuing education requirements as prescribed by rule.
C. It is a violation of the New Mexico Insurance Code for a person to falsely represent to the superintendent that the education requirements of this section have been complied with or to fail to register with the superintendent.
D. The superintendent shall adopt and promulgate such rules as are necessary for the effective administration of this section.
History: Laws 1999, ch. 296, § 1; 2014, ch. 21, § 3.
The 2014 amendment, effective May 21, 2014, required applicants to complete prelicensing requirements prescribed by rule to be eligible to take the examination required for licensure; in Subsection A, in the first sentence, after "bail bondsman", added "or solicitor", after "applicant shall complete", deleted language that required applicants to complete not less than thirty hours of formal classroom education in subjects that included ethics and laws and rules related to the bail bond business and added the remainder of the sentence; added the second sentence; in the third sentence, after "applicant shall complete", deleted "one hundred twenty" and added "thirty", after "direct supervision of a", deleted "sponsoring" and added "licensed", after "in writing that", deleted "he has taught", and after "in writing that the applicant", added "has been taught", and deleted the former fourth sentence which provided that the scope of the examination shall be as broad as the bail bond business; deleted former Subsection B which permitted an applicant for a bail bondsman's license to satisfy the educational requirements by apprenticeship for a minimum of six months; deleted former Subsection C, which required applicants for a solicitor's license to complete not less than ten hours of formal classroom education in subjects pertinent of the duties and responsibilities of a solicitor and thirty hours of on-the-job training; in former Subsection D, deleted language which required continuing education to be pertinent to the duties and responsibilities of a bail bondsman or a solicitor; deleted former Subsection E, which provided that a provider of prelicensing classroom education offer classes in at least two geographic areas of the state; in the current Subsection B, after "shall annually complete", deleted "not less than fifteen clock hours of" and after "continuing education", added "requirements as prescribed by rule"; and in the current Subsection C, after "have been complied with", added the remainder of the sentence.
Structure New Mexico Statutes
Article 51 - Bail Bondsmen Licensing
Section 59A-51-1 - Short title.
Section 59A-51-2 - Definitions.
Section 59A-51-3 - License required; exemption.
Section 59A-51-4 - Qualifications for license.
Section 59A-51-4.1 - Educational requirements.
Section 59A-51-5 - Application for license.
Section 59A-51-6 - Licensing fees.
Section 59A-51-7 - Examination for license.
Section 59A-51-8 - Bonding requirements, property bondsmen.
Section 59A-51-9 - Issuance, refusal of license.
Section 59A-51-10 - Duration, continuation, expiration of license.
Section 59A-51-11 - Return of license; property bondsman notice to courts.
Section 59A-51-12 - Appointment or termination of solicitors.
Section 59A-51-13 - Practices.
Section 59A-51-13.1 - Premium rates.
Section 59A-51-14 - Denial, suspension, revocation or refusal to continue license.
Section 59A-51-15 - Duration of suspension; relicensing after revocation.
Section 59A-51-16 - Administrative fine in lieu.