North Carolina General Statutes
Article 71 - Bail Bondsmen and Runners.
§ 58-71-40 - Bail bondsmen and runners to be qualified and licensed; license applications generally.

58-71-40. Bail bondsmen and runners to be qualified and licensed; license applications generally.
(a) No person shall act in the capacity of a professional bondsman, surety bondsman, or runner or perform any of the functions, duties, or powers prescribed for professional bondsmen, surety bondsmen, or runners under this Article unless that person is qualified and licensed under this Article. No license shall be issued under this Article except to an individual natural person.
(b) The applicant shall apply for a license on forms prepared and supplied by the Commissioner. The Commissioner may propound any reasonable interrogatories to an applicant for a license under this Article about the applicant's qualifications, residence, prospective place of business, and any other matters that the Commissioner considers necessary to protect the public and ascertain the qualifications of the applicant. The Commissioner may also conduct any reasonable inquiry or investigation relative to the determination of the applicant's fitness to be licensed or to continue to be licensed.
(c) A person whose application is denied may reapply, but the Commissioner shall not consider more than one application submitted by the same person within any one-year period.
(d) When a license is issued under this section, the Commissioner shall issue a picture identification card, of design, size, and content approved by the Commissioner, to the licensee. Each licensee must carry this card at all times when working in the scope of the licensee's employment. A licensee whose license terminates or is terminated shall surrender the identification card to the Commissioner within 10 working days after the termination. The Commissioner may contract directly with persons for the processing and issuance of picture identification cards required by this section and may charge a reasonable fee in addition to the license fee charged under G.S. 58-71-55 in an amount that offsets the cost of the service, including the costs associated with the contract authorized by this subsection. Contracts entered into pursuant to this subsection shall not be subject to Article 3 of Chapter 143 of the General Statutes. However, the Commissioner shall: (i) submit all proposed contracts for supplies, materials, printing, equipment, and contractual services that exceed one million dollars ($1,000,000) authorized by this subsection to the Attorney General or the Attorney General's designee for review as provided in G.S. 114-8.3; and (ii) include in all contracts to be awarded by the Commissioner under this subsection a standard clause which provides that the State Auditor and internal auditors of the Commissioner may audit the records of the contractor during and after the term of the contract to verify accounts and data affecting fees and performance. The Commissioner shall not award a cost plus percentage of cost agreement or contract for any purpose.
(d1) While engaged in official duties, a licensee is authorized to carry, possess, and display a shield as described in this subsection. The shield shall fulfill all of the following requirements:
(1) Be an exact duplicate in size, shape, color, and design of the shield approved under G.S. 74C-5(12) and pictured in 12 NCAC 07D. 0405 on May 1, 2013, except that the design may be altered by stamping, inlaying, embossing, enameling, or engraving to accommodate the license number. With respect to size of the shield, the shield shall be 1.88 inches wide and 2.36 inches high.
(2) Include the licensee's last name and corresponding license number in the same locations as the shield referenced in subdivision (1) of this subsection.
(3) With reference to the shield described in subdivision (1) of this subsection, in lieu of the word "Private," the shield shall have the words "North Carolina," and in lieu of the word "Investigator," the shield shall have the words "Bail Agent."
(e) This section does not prohibit the hiring of personnel by a bail bondsman to perform only normal office duties. As used in this subsection, "normal office duties" do not include acting as a bail bondsman or runner. (1963, c. 1225, s. 9; 1975, c. 619, s. 1; 1995 (Reg. Sess., 1996), c. 726, s. 2; 2001-269, s. 2.4; 2007-507, s. 11; 2010-194, s. 10; 2011-326, s. 15(j); 2013-209, s. 1; 2014-120, s. 12(a).)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 58 - Insurance

Article 71 - Bail Bondsmen and Runners.

§ 58-71-1 - Definitions.

§ 58-71-5 - Commissioner of Insurance to administer Article; rules and regulations; employees; evidence of Commissioner's actions.

§ 58-71-10 - Defects not to invalidate undertakings; liability not affected by agreement or lack of qualifications.

§ 58-71-15 - Qualifications of sureties on bail.

§ 58-71-16 - No return of premium; bond reduction.

§ 58-71-20 - Surrender of defendant by surety; when premium need not be returned.

§ 58-71-25 - Procedure for surrender.

§ 58-71-30 - Arrest of defendant for purpose of surrender.

§ 58-71-35 - Forfeiture of bail.

§ 58-71-40 - Bail bondsmen and runners to be qualified and licensed; license applications generally.

§ 58-71-41 - First-year licensees; limitations.

§ 58-71-45 - Terms of licenses.

§ 58-71-50 - Qualification for bail bondsmen and runners.

§ 58-71-51 - Criminal history record checks.

§ 58-71-55 - License fees.

§ 58-71-65 - Contents of application for runner's license; endorsement by professional bondsman.

§ 58-71-70 - Examination; fees.

§ 58-71-71 - Examination; educational requirements; penalties.

§ 58-71-72 - Qualifications of instructors.

§ 58-71-75 - License renewal; criminal history record checks; renewal fees.

§ 58-71-80 - Grounds for denial, suspension, probation, revocation, or nonrenewal of licenses.

§ 58-71-81 - Notice of receivership.

§ 58-71-82 - Dual license holding.

§ 58-71-85 - License sanction and denial procedures.

§ 58-71-95 - Prohibited practices.

§ 58-71-100 - Receipts for collateral; trust accounts.

§ 58-71-105 - Persons prohibited from becoming surety or runners.

§ 58-71-110 - Bonds not to be signed in blank; authority to countersign only given to licensed employee.

§ 58-71-115 - Insurers to annually report surety bondsmen; notices of appointments and terminations; information confidential.

§ 58-71-120 - Bail bondsman to give notice of discontinuance of business; cancellation of license.

§ 58-71-121 - Death, incapacitation, or incompetence of a bail bondsman.

§ 58-71-122 - Transfer of business by bail bondsman.

§ 58-71-125 - Persons eligible as runners; bail bondsmen to annually report runners; notices of appointments and terminations; information confidential.

§ 58-71-130 - Substituting bail by sureties for deposit.

§ 58-71-135 - Deposit for defendant admitted to bail authorizes release and cancellation of undertaking.

§ 58-71-140 - Registration of licenses and power of appointments by insurers.

§ 58-71-141 - Appointment of bail bondsmen; affidavit required.

§ 58-71-145 - Financial responsibility of professional bondsmen.

§ 58-71-151 - Securities held in trust by Commissioner; authority to dispose of same.

§ 58-71-155 - Bondsman to furnish power of attorney with securities.

§ 58-71-160 - Security deposit to be maintained.

§ 58-71-165 - Report required.

§ 58-71-167 - Portion of bond premium payments deferred.

§ 58-71-168 - Records to be maintained.

§ 58-71-170 - Examinations.

§ 58-71-175 - Limit on principal amount of bond to be written by professional bondsman.

§ 58-71-180 - Disposition of fees.

§ 58-71-185 - Penalties for violations.

§ 58-71-190 - Duplication of regulation forbidden.

§ 58-71-195 - Conflicting laws.

§ 58-71-200 - Bondsman access to criminal and civil records.