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:
another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
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
Rebate: means a licensee paying, allowing, giving, or offering to pay, allow, or give, directly or indirectly:
(i)
a refund of premium or portion of premium;
(ii)
a refund of commission or portion of commission;
(iii)
a refund of all or a portion of a consultant fee; or
(iv)
providing services or other benefits not specified in an insurance or annuity contract. See Utah Code 31A-1-301
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
sells bail bonds in connection with judicial proceedings. See Utah Code 31A-35-102
(a)
solicit business in or about:
(i)
any place where persons in the custody of the state or any local law enforcement or correctional agency are confined; or
(ii)
any court;
(b)
pay a fee or rebate or give or promise anything of value to any person in order to secure a settlement, compromise, remission, or reduction of the amount of any undertaking or bail bond;
(c)
pay a fee or rebate or give anything of value to an attorney in regard to any bail bond matter, except payment for legal services actually rendered for the bail bond producer or bail bond agency;
(d)
pay a fee or rebate or give or promise anything of value to the principal or anyone in the principal’s behalf; or
(e)
engage in any other act prohibited by the commissioner by rule.
(2)
The following persons may not act as bail bond producers and may not, directly or indirectly, receive any benefits from the execution of any bail bond:
(a)
a person employed at any jail, correctional facility, or other facility used for the incarceration of persons;
(b)
a peace officer;
(c)
a judge; and
(d)
an inmate incarcerated in any jail, correctional facility, or other facility used for the incarceration of persons.
(3)
A bail bond producer may not:
(a)
sign or countersign in blank any bail bond;
(b)
give the power of attorney to, or otherwise authorize anyone to, countersign in the bail bond producer’s name to a bail bond; or
(c)
submit a bail bond to a jail or court in Utah without having completed a written agreement that:
(i)
states the terms of the bail agreement, contract, or undertaking;
(ii)
is signed by the bail bond producer; and
(iii)
is filed with the department.
(4)
A bail bond producer may not advertise or hold himself or herself out to be a bail bond agency or surety insurer.
(5)
The following persons or members of their immediate families may not solicit business on behalf of a bail bond agency or bail bond producer:
(a)
a person employed at any jail, correctional facility, or other facility used for the incarceration of persons;
(b)
a peace officer;
(c)
a judge; or
(d)
an inmate incarcerated in any jail, correctional facility, or other facility used for the incarceration of persons.
