South Carolina Code of Laws
Chapter 53 - Bail Bondsmen And Runners
Section 38-53-150. Denial, suspension, revocation, or refusal to renew license; monetary penalty.

(A) The director or his designee may deny, suspend, revoke, or refuse to renew any license issued under this chapter for any of the following causes:
(1) for any cause sufficient to deny issuance of the original license;
(2) violation of any laws of this State relating to bail in the course of dealings under the license issued to a bondsman or runner by the director or his designee;
(3) material misstatement, misrepresentation, or fraud in obtaining the license;
(4) misappropriation, conversion, or unlawful withholding of monies belonging to insurers or others and received in the conduct of business under the license;
(5) fraudulent or dishonest practices while conducting business as a licensee;
(6) conviction of a felony within the last ten years regardless of whether the conviction resulted from conduct in or related to the bail bond business;
(7) failure to comply with or violation of the provisions of this chapter or of any order of the director or his designee or regulation of the department;
(8) when in the judgment of the director or his designee the licensee has in the conduct of his affairs under the license demonstrated incompetency or untrustworthiness, that he is no longer in good faith carrying on the bail bond business, or that he is guilty of rebating, offering to rebate, or offering to divide the premiums received for the bond;
(9) for failing to pay any judgment or decree rendered on any forfeited undertaking in any court of competent jurisdiction;
(10) for charging or receiving as premium or compensation for the making of any deposit or bail bond any sum in excess of that permitted by this chapter;
(11) for requiring as a condition of his executing a bail bond that the defendant agree to engage the services of a specified attorney.
(B) The director or his designee, in lieu of revoking or suspending a license in accordance with the provisions of this chapter, in any one proceeding, by order, may require the licensee to pay to the director or his designee to be deposited in the general fund of the State a monetary penalty as provided in Section 38-2-10(2) for each offense. Upon failure of the licensee to pay the penalty within twenty days after the mailing of the order, postage prepaid, registered, and addressed to the last known place of business of the licensee, unless the order is stayed by an order of a court of competent jurisdiction, the director or his designee may revoke the license of the licensee or may suspend the license for a period as he determines.
(C) A professional or surety bondsman or runner whose license has been revoked cannot be issued another license for a period of one year and must meet all requirements under this chapter prior to relicensing by the department.
HISTORY: Former 1976 Code Section 38-63-160 [1985 Act No. 189, Section 1] recodified as Section 38-53-150 by 1987 Act No. 155, Section 1; 1988 Act No. 374, Section 23; 1993 Act No. 181, Section 694; 1998 Act No. 425, Section 2.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 38 - Insurance

Chapter 53 - Bail Bondsmen And Runners

Section 38-53-10. Definitions.

Section 38-53-20. Enforcement of chapter.

Section 38-53-30. Validity of undertakings.

Section 38-53-40. Qualifications of surety.

Section 38-53-50. Surety relieved on bond; surrender of defendant; filing of new undertaking.

Section 38-53-60. Arrest of defendant.

Section 38-53-70. Issuance of bench warrant; remission of judgment.

Section 38-53-80. License required of bail bondsman and runners.

Section 38-53-85. Educational requirements for applicants; examination; exemption from requirement.

Section 38-53-90. Qualifications for licensure of professional bondsman, surety bondsman or runner.

Section 38-53-95. Address requirements for bondsman or runner license.

Section 38-53-100. Fees.

Section 38-53-102. Suspension of license.

Section 38-53-110. Financial statement required; examination.

Section 38-53-120. Additional requirements of runners.

Section 38-53-140. Expiration of license; renewal license.

Section 38-53-150. Denial, suspension, revocation, or refusal to renew license; monetary penalty.

Section 38-53-160. Notice and hearing required; right to appeal.

Section 38-53-170. Unlawful acts.

Section 38-53-180. Receipt for collateral required.

Section 38-53-190. Certain persons not allowed to be surety; exceptions.

Section 38-53-200. Power of attorney.

Section 38-53-210. Insurers shall supply list of surety bondsmen; termination of appointment.

Section 38-53-220. Requirement upon professional or surety bondsmen who discontinue writing bail bonds.

Section 38-53-230. Professional bondsmen to supply list of runners; termination of appointment.

Section 38-53-240. Substitution of bail by sureties.

Section 38-53-250. Requirements for discharge of custody; substitution of undertaking.

Section 38-53-260. Registration of license and power of appointment.

Section 38-53-270. Professional bondsmen required to maintain security deposits with clerk of court.

Section 38-53-280. Securities held in trust.

Section 38-53-290. Professional bondsman shall deliver power of attorney to clerk of court; form.

Section 38-53-300. Reduction in value of securities.

Section 38-53-310. Written report to be filed with clerk of court.

Section 38-53-320. Examination by professional and surety bondsman.

Section 38-53-330. Limitations on acting as surety.

Section 38-53-340. Penalty for violation of chapter.