58-22-21. Causes for denial, suspension, revocation, or refusal to renew license.
The director may deny, suspend, revoke, or refuse to renew any license issued under this chapter for any of the following causes:
(1)For any cause for which issuance of the license could have been refused had it then existed and been known to the director;
(2)Violation of any laws of this state to bail in the course of dealings under the license issued the licensee by the director;
(3)Material omission, misstatement, misrepresentation, or fraud in obtaining the license;
(4)Misappropriation, conversion, or unlawful withholding of moneys, belonging to insurers or others and received in the conduct of business under the license;
(5)Conviction of, or a plea of guilty or nolo contendere to, a felony or any crime involving moral turpitude;
(6)Fraudulent or dishonest practices in the conduct of business under the license;
(7)Willful failure to comply with, or willful violation of any proper order, rule, or regulation of the director, or the provisions of this chapter;
(8)If, in the judgment of the director, the licensee has, in the conduct of affairs under the license, demonstrated incompetency, or untrustworthiness, or conduct or practices rendering the licensee unfit to carry on the bail bond business or making the licensee's continuance in such business detrimental to the public interest, or that the licensee is no longer in good faith carrying on the bail bond business, or that the licensee is guilty of rebating, or offering to rebate, or unlawfully dividing, or offering to divide such licensee's premiums in the case of professional bondsperson, and for such reasons is found by the director to be a source of detriment, injury, or loss to the public.
Source: SL 1966, ch 111, ch 31, §13; SL 1998, ch 296, §13.
Structure South Dakota Codified Laws
Chapter 22 - Bail Bondspersons
Section 58-22-1 - Definition of terms.
Section 58-22-2 - Qualifications of surety for release of person on bail.
Section 58-22-3 - Persons disqualified as bail bondspersons or runners--Violation as felony.
Section 58-22-6 - Application for license--Affirmative showing of qualifications.
Section 58-22-7 - License fee submitted to director--Fingerprints and photograph of applicant.
Section 58-22-8 - Surety bondspersons annual list--Subsequent appointments--Fees.
Section 58-22-10 - Professional bondsman--Annual financial statement furnished by applicant.
Section 58-22-12 - Application for license as runner--Affirmative showing of qualifications.
Section 58-22-13 - Runner's application--Fees--Fingerprints and photograph of applicant.
Section 58-22-16 - Examination of bail bondsperson or runner.
Section 58-22-17 - Examination fee.
Section 58-22-18 - Failure of applicant to pass--Subsequent examinations.
Section 58-22-19 - Expiration of licenses.
Section 58-22-20 - Renewal license--Issuance by director--Fee.
Section 58-22-21 - Causes for denial, suspension, revocation, or refusal to renew license.
Section 58-22-24 - Deposit by professional bondsperson--Amount--Law governing--Waiver.
Section 58-22-25 - Annual registration required--Violation as misdemeanor.
Section 58-22-29 - Giving or promising anything of value to principal as misdemeanor.
Section 58-22-31 - Receipt for collateral--Description of collateral received.
Section 58-22-32 - Solicitation of business where prisoners confined as misdemeanor.
Section 58-22-34 - Giving anything of value to attorney in bail bond matter as felony--Exception.
Section 58-22-35 - Bail bondsperson or runner acting as attorney prohibited--Misdemeanor.
Section 58-22-36 - Advising employment of particular attorney as misdemeanor.
Section 58-22-38 - Annual list of forfeitures of bonds--Contents.
Section 58-22-40 - Surety's right to enforce indemnity agreement limited by affidavit.
Section 58-22-41 - Deposit by defendant admitted to bail.
Section 58-22-43 - Bail other than deposit--Cancellation by deposit.
Section 58-22-44 - Undertaking for appearance before a magistrate or court--Time of appearance.
Section 58-22-45 - Liability on undertaking unaffected by defects.
Section 58-22-46 - Validity of undertaking entered into on Sunday or holiday.
Section 58-22-47 - Administration and enforcement of chapter by director--Employment of personnel.
Section 58-22-49 - Written appointment required with application for runner's license.
Section 58-22-50 - Licensee to notify Division of certain convictions.
Section 58-22-52 - List of runners to be furnished to director--Fee.
Section 58-22-54 - Enforcement of title permitted although license surrendered or lapsed.