(A)(1) An applicant for a license to work as a professional bondsman, surety bondsman, or runner must complete not less than thirty hours of education in subjects pertinent to the duties and responsibilities of a professional and surety bondsman or runner, including all laws and regulations related to being a professional or surety bondsman or runner. A written examination must be administered at the conclusion of the course work. An applicant must pass the examination before he can be licensed.
(2) A person licensed as a professional bondsman, surety bondsman, or runner annually must complete not less than eight hours of continuing education in subjects related to the duties and responsibilities of a professional and surety bondsman or runner before his license may be renewed. The continuing education courses may not include a written or oral examination. The eight-hour annual requirement is in addition to the twenty-four hour continuing education requirement for surety insurance agents required in Section 38-43-106.
(B) A person licensed as a professional bondsman, surety bondsman, or runner before the effective date of this section is not required to complete the requisite thirty hours of education but must complete eight hours of continuing education courses to have his license renewed.
(C) The South Carolina Bail Agent's Association or another group or association approved by the Department of Insurance to provide educational courses to bondsmen must establish an educational curriculum for bondsman licensure. The department must approve the courses offered and ensure that the courses meet the standards for education established by this section and the department. The course work requirement for licensure may not be satisfied by a mail order course. The department also must approve a written examination to be administered by a group that provides educational courses administered at the conclusion of the thirty-hour course work.
(D) A person who falsely represents that he has met the educational requirements of this section is subject, after being afforded notice and an opportunity for a due process hearing by the Administrative Law Court, to the penalty provided in Section 38-53-340.
(E) A professional bondsman, surety bondsman, or runner who is more than sixty years of age and who has at least twenty years of licensure is exempt from the continuing education requirements in this section.
(F) The director shall establish rules and regulations for the effective administration of this section.
HISTORY: 1998 Act No. 425, Section 2; 2000 Act No. 358, Section 1; 2016 Act No. 240 (H.4931), Section 1, eff June 5, 2016.
Effect of Amendment
2016 Act No. 240, Section 1, amended the section, increasing the number of hours of education required for licensure and for continuing education.
Structure South Carolina Code of Laws
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 38-53-102. 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 38-53-230. 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.