31A-35-401.5. Additional licensure requirements for a bail bond agency.
(1)
A person applying for licensure or the reinstatement of a license as a bail bond agency shall, in addition to the requirements of Section 31A-35-401, provide proof that at least one principal of the bail bond agency will have a minimum of 2,000 hours of experience working as an employee of a bail bond agency as a licensed bail bond producer.
Terms Used In Utah Code 31A-35-401.5
Agency: means :
(a)
a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
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:
(a)
executed by a bail bond producer licensed in accordance with Section 31A-35-401; and
(b)
issued to a court, magistrate, or authorized officer to secure:
(i)
the release of a person from incarceration; and
(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:
a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
(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
(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
Person: includes :
(a)
an individual;
(b)
a partnership;
(c)
a corporation;
(d)
an incorporated or unincorporated association;
(e)
a joint stock company;
(f)
a trust;
(g)
a limited liability company;
(h)
a reciprocal;
(i)
a syndicate; or
(j)
another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
producer: means a person licensed or required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. See Utah Code 31A-1-301
(2)
The applicant shall provide proof of the experience claimed under Subsection (1), including providing:
(a)
the exact details of the character and nature of the experience on a form provided by the department;
(b)
a statement by each employer verifying the number of hours the applicant worked for the employer; and
(c)
(i)
federal income reporting forms that account for the wages for hours claimed or documented approval of the claimed hours by the insurance commissioner; and
(ii)
the total of 2,000 hours may be proved in part by federal income reporting forms and in part by approval by the insurance commissioner.
(3)
The burden of proving the hours of experience as required in this section is upon the applicant.
