Based on information the commissioner receives during a hearing described in Section 31A-35-502 regarding a person licensed as a bail bond agency or bail bondproducer, the commissioner may:
Terms Used In Utah Code 31A-35-503
Agency: means :
(a)
a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
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:
is the agent of a surety insurer that sells a bail bond in connection with judicial proceedings;
(ii)
pledges the assets of a letter of credit from a Utah depository institution for a bail bond in connection with judicial proceedings; or
(iii)
pledges personal or real property, or both, as security for a bail bond in connection with judicial proceedings; and
(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 producer: means an individual who:
(a)
is appointed by:
(i)
a surety insurer that sells bail bonds; or
(ii)
a bail bond agency licensed under this chapter;
(b)
is appointed to execute or countersign undertakings of bail in connection with judicial proceedings; and
(c)
receives or is promised money or other things of value for engaging in an act described in Subsection (3)(b). See Utah Code 31A-35-102
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301
Employee: means :
(a)
an individual employed by an employer; or
(b)
an individual who meets the requirements of Subsection (53)(b). See Utah Code 31A-1-301
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
Member: means a person having membership rights in an insurance corporation. 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
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
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
dismiss the complaint if the commissioner finds it is without merit;
(b)
fix a period and terms of probation best adopted to educate the person;
(c)
place the license on suspension for a period of not more than 12 months;
(d)
impose a forfeiture pursuant to Section 31A-2-308; or
(e)
revoke the license.
(2)
The commissioner shall advise the person described in Subsection (1) in writing of:
(a)
the commissioner’s findings based on the hearing; and
(b)
the person’s rights of appeal under this chapter.
(3)
(a)
Unless the conditions of Subsection (3)(b) are met, if a bail bond agency license is suspended or revoked under this chapter, a member, employee, officer, or director of that corporation may not:
(i)
be licensed as a bail bond agency or bail bond producer; or
(ii)
be designated in any license to exercise authority under this chapter during the period of the suspension or revocation.
(b)
Subsection (3)(a) does not apply if the commissioner determines upon substantial evidence that the member, employee, officer, or director:
(i)
was not personally at fault; and
(ii)
did not acquiesce in the matter on account of which the license was suspended or revoked.
