(1) The board shall:

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Terms Used In Utah Code 31A-35-202

  • Agency: means :
         (6)(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
         (6)(b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bail bond: means a bail bond insurance product for a specified monetary amount that is:
         (1)(a) executed by a bail bond producer licensed in accordance with Section 31A-35-401; and
         (1)(b) issued to a court, magistrate, or authorized officer to secure:
              (1)(b)(i) the release of a person from incarceration; and
              (1)(b)(ii) the appearance of the released person at court hearings the person is required to attend. See Utah Code 31A-35-102
  • Bail bond agency: means any sole proprietor or entity that:
         (2)(a) is licensed under Subsection 31A-35-404(1) or (2);
         (2)(b)
              (2)(b)(i) is the agent of a surety insurer that sells a bail bond in connection with judicial proceedings;
              (2)(b)(ii) pledges the assets of a letter of credit from a Utah depository institution for a bail bond in connection with judicial proceedings; or
              (2)(b)(iii) pledges personal or real property, or both, as security for a bail bond in connection with judicial proceedings; and
         (2)(c) receives or is promised money or other things of value for a service described in Subsection (2)(b). See Utah Code 31A-35-102
  • Bail bond insurance: means a guarantee that a person will attend court when required, up to and including surrender of the person in execution of a sentence imposed under Subsection 77-20-501(1), as a condition to the release of that person from confinement. See Utah Code 31A-1-301
  • Board: means the Bail Bond Oversight Board created in Section 31A-35-201. See Utah Code 31A-35-102
  • Certificate: means a certificate of authority issued under this chapter to allow an insurer to operate as a surety insurer. See Utah Code 31A-35-102
  • Insurance: includes :
              (96)(b)(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
              (96)(b)(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
              (96)(b)(iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
  • License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
     (1)(a) meet:

          (1)(a)(i) at least quarterly; and
          (1)(a)(ii) at the call of the chair;
     (1)(b) make written recommendations to the commissioner for rules governing the following aspects of the bail bond insurance business:

          (1)(b)(i) qualifications, applications, and fees for obtaining:

               (1)(b)(i)(A) a license required by this Section 31A-35-401; or
               (1)(b)(i)(B) a certificate;
          (1)(b)(ii) limits on the aggregate amounts of bail bonds;
          (1)(b)(iii) unprofessional conduct;
          (1)(b)(iv) procedures for hearing and resolving allegations of unprofessional conduct; and
          (1)(b)(v) sanctions for unprofessional conduct;
     (1)(c) screen:

          (1)(c)(i) bail bond agency license applications; and
          (1)(c)(ii) persons applying for a bail bond agency license; and
     (1)(d) recommend to the commissioner action regarding the granting, suspending, revoking, and reinstating of bail bond agency license.
(2) Nothing in Subsection (1)(d) precludes the commissioner from suspending a license under Section 31A-35-504.
(3) The board may:

     (3)(a) conduct investigations of allegations of unprofessional conduct on the part of persons or bail bond agencies involved in the business of bail bond insurance; and
     (3)(b) provide the results of the investigations described in Subsection (3)(a) to the commissioner with recommendations for:

          (3)(b)(i) action; and
          (3)(b)(ii) any appropriate sanctions.