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title-153•Alabama Administrative Code, Title 153 — Alabama State Professional Bail Bonding Board
title-153Alabama Admin. Code Title 153Regulation1 gen 1900
The purpose of these Rules and Regulations ("rules") is to set specific requirements for professional bail companies and professional surety companies, professional bondsmen, professional surety bondsmen, and recovery agents engaged in the bail bond business in this state pursuant to the Alabama Bail Bond Regulatory Act, Chapter 13 of Title 15, Code of Ala. 1975.
History
These rules are issued pursuant to the authority vested in the Board under the Alabama Bail Bond Regulatory Act, Chapter 13 of Title 15, Code of Ala. 1975, and all other applicable provisions of Alabama law.
(1) Board Members are appointed through the Governor's Office from a list of not more than four (4) recommendations made by the Alabama Bail Bond Association.
(2) Board Members are selected to represent the seven (7) congressional districts along with one (1) serving district or municipal court judge and one (1) serving circuit or municipal court clerk to comprise a nine (9) member Board.
(3) Any Board Member who fails to attend two (2) or more consecutive meetings may be asked to resign or otherwise reported to the Governor for removal.
History
These rules shall be effective June 1, 2020, and shall be applicable to all professional bail bond and professional surety companies' employees, professional bail bondsmen, professional surety bondsmen, and recovery agents pursuant to the Alabama Bail Bond Regulatory Act, Chapter 13, Title 15, Code of Ala. 1975, and all other applicable provisions of Alabama law.
History
For the purpose of these rules the definitions, terms, and words set forth below at 153-X-2-.01(1) - 153-X-2-.01(21) shall apply and shall have the following meanings given:
(1) "Board" shall mean the Alabama Professional Bail Bonding Board.
(2) "Director" shall mean the Executive Director of the Alabama Professional Bail Bonding Board.
(3) "Company" shall mean a professional bail bond company or professional surety company in the State of Alabama, as defined by the Alabama Bail Bond Regulatory Act, Chapter 13 of Title 15, Code of Ala. 1975.
(4) "Bail bondsman" shall mean a professional bail bondsman or professional surety bondsman as defined by the Alabama Bail Bond Regulatory Act, Chapter 13 of Title 15, Code of Ala. 1975.
(5) "Premium" shall mean the money paid to a professional bail bond company, professional surety company, professional bail bondsman, or professional surety for release of an arrestee.
(6) "Arrestee" shall mean any person in custody, who has been detained or who is subject to detention in custody whose release may lawfully be affected by bail.
(7) "Licensee" shall mean a professional bail bond company, professional surety company, professional bail bondsman, professional surety, or recovery agent to whom a license has been granted by the Alabama Professional Bail Bonding Board.
(8) "Bail bond" shall mean a bond for a specified monetary amount executed by the defendant or principal and a qualified licensee which is issued to a court, magistrate, or authorized officer as security for the defendant's subsequent court related appearance(s) following the defendant's release from actual custody pending his court related appearance(s).
(9) "Jail" shall mean any police station, sheriff's office, or other place where detained persons are in the custody of law enforcement officials or the Department of Corrections.
(10) "Principal" shall mean the person(s) paying the bail bond premium and/or giving the collateral.
(11) "Surety" shall mean the person/company responsible for the appearance of the defendant in court.
(12) "Recovery Agent" shall mean any individual, other than an attorney or law enforcement officer, utilized by a professional bail bond company, professional surety company, professional bail bondsman, or professional surety to apprehend a defendant who was released on bail and who violated the terms of his or her bail.
(13) "Bail Enforcement Agent/Bounty Hunter" shall mean a person who is offered or given any compensation by a company or bail bondsman in exchange for assisting the company or bail bondsman in apprehending or surrendering any defendant. This does not preclude the right of a company or bail bondsman to hire legal counsel and/or to ask assistance of law enforcement officers.
(14) "Direct Supervision" shall mean any person in the physical presence of and acting pursuant to instructions from a licensed professional bail bondsman, licensed professional surety, or licensed recovery agent.
(15) "Collateral" shall mean any money or thing of value that is held by a professional bail bond company, professional surety company, professional bail bondsman, professional surety to secure a bond, other than the premium.
(16) "Client" shall mean any person who contracts with a professional bail bond company, professional surety company, professional bail bondsman, professional surety for the release of an arrestee.
(17) "Contract" shall mean a negotiated written agreement between a client and/or an arrestee and a professional bail bond company, professional surety company, professional bail bondsman, professional surety along with all conditions of an executed and accepted bond.
(18) "Employee" shall mean any individual who engages in the performance of any duties of or for a professional bail company or professional surety company, including but limited to, clerical, stenographic, investigative and/or administrative duties and/or any other work and/or responsibilities under the contract of hire, express or implied, oral or written where the professional bail bond employer and/or professional surety company employer has the authority or right to control and/or direct said employee in how the duties, work and/or responsibilities are carried out and/or performed. An "Employed" shall include any individual working as an "Apprentice". No person whose bail bondsman license has been evoked may be employed in any capacity. An "Employee" shall include any individual who has communication or interaction with potential or actual customers.
(19) "Apprentice" shall mean any person working directly for and under the direct supervision of a full-licensed professional bail bondsman, professional surety or recovery agent, who is engaged in the bail bond or professional surety business, and who has been granted an apprentice license from the Board.
(20) "Current License" shall mean a license that is in good standing. A license is not a current license if it is inactive and/or has lapsed, expired and/or has been suspended and/or revoked.
(21) "General Surety Agency" shall mean a surety approved by the Department of Insurance as a financial backer that provides monetary support to the company for bail bonds.
History
All applications for licensure must be submitted on approved forms as prescribed by the Board. The application can be printed from the website or the applicant can complete the application on-line. The location to find the printed application or to complete the application with the on-line service is located at www.apbb.alabama.gov.
History
(1) The Board shall assign a license number to a professional bail bondsman, professional surety, or recovery agent, beginning the year of first issuance followed by a number code.
(2) Should a licensee have a legal name change, the licensee's assigned license number shall remain the same.
History
(1) Before any individual, employee and/or company engages in any work and/or carries out any duties and/or responsibilities as a professional bondsman or professional surety bondsman, said individual, employee and/or company must have a shall first obtain a current bail bond license pursuant to the Alabama Bail Bond Regulatory Act, Chapter 13 of Title 15, Code of Ala. 1975.
(2) All employees of a professional bail bond company or professional surety company must have and shall first obtain a current bail bond license pursuant to the Alabama Bail Bond Regulatory Act, Chapter 13 of Title 15, Code of Ala. 1975.
(3) Any person acting as an apprentice to a professional bail bondsman, professional surety, and/or recovery agent shall first obtain a current bail bond apprentice license pursuant to Alabama Bail Bond Regulatory Act, Chapter 13 of Title 15, Code of Ala. 1975. An apprentice shall not act along in bail recovery, failure to have an authorized licensee with you may result in suspension or revocation of license.
(4) All company owners/officers/directors/ stockholders/partners are required to apply to the Alabama Law Enforcement Agency for a state and nationwide criminal background records check in accordance with license application. The criminal background records check is a requirement and will be required for any company owners/officers/ directors/stockholders/partners, regardless of whether the owners/officers/directors/stockholders/partners are a licensed Alabama professional bail bondsman, professional surety, or recovery agent.
(5) Within thirty (30) calendar days, any changes in ownership or to the corporate structure of any Alabama bonding company shall be submitted in writing to the Board via certified mail and/or electronic mail to the attention of the Board's Executive Director indicating the change. A state and nationwide criminal background records check in accordance with license application requirements shall be submitted for any company owner/officer/director/ stockholder/partner not previously listed on the company's most recent information.
(6) There shall be no license issued in a fictitious name to a professional bail bondsman, professional surety, or recovery agent. Individual applications containing fictitious names shall be denied.
(7) Applicants for a bail bondsman license will be approved or denied by the Board or Board's Designee(s).
(8) In the case of an application being denied by the Board's Designee, the applicant can appeal the decision to the Board.
(9) Applicants for an initial license who satisfactorily complete the examination and meet the other qualifications and requirements prescribed by law may be licensed by the Board.
(10) Licensees shall notify in writing via certified mail and/or electronic mail the Board's Executive Director of any legal name change within ten (10) calendar days of said change and submit appropriate supporting documents. Applicable fees shall also be submitted by the licensee for a replacement license to be issued.
(11) Licensees shall notify in writing via certified mail and/or electronic mail the Board's Executive Director of any change in the licensee's mailing and email addresses of record within ten (10) calendar days of said change. The mailing and email addresses of record are the address provided on the licensee's application for initial license or renewal.
(12) Licensees shall notify in writing via certified mail and/or electronic mail the Board's Executive Director of any change in the licensee's employer within ten (10) calendar days of said change. The employer of record is the name and address of the employer provided on the licensee's application for initial license or renewal.
(13) Address and name changes, as well as employer information, will be included in the information verified by the Board in the course of an audit.
(14) Verification of licensure will be available on a Board-maintained website. Upon receipt of a written request and required fee, the Board's designee shall provide written verification of an individual and/or company's Alabama licensure status.
History
(1) Licensees must be prepared to present a current copy of his/her license when executing a bail bond to any persons authorized to approve bail.
(2) Licensees must carry a current copy of his/her own license when conducting business as a professional bail bondsman, professional surety, or recovery agent and must present the same upon request of a client or the public.
(3) Licensees shall promptly report, in writing via certified mail and/or electronic mail, the loss of a license certificate to the Board's Executive Director. A duplicate license certificate requires a completed application form as provided by the Board and an accompanying replacement fee.
(4) An original signature by the licensee executing the bond must be affixed to the bond. Bonds shall only be signed by the licensee; no licensee shall sign for another licensee.
(5) It is a violation for any unlicensed person and/or any person who does not have a current license to solicit or engage in the bail bond or surety business. Any licensee who permits any unlicensed person and/or permits any person who does not have a current license to solicit or engage in the bail bond or surety business on his/her/its behalf shall be deemed in violation of the Alabama Bail Bond Regulatory Act, Chapter 13 of Title 15, Code of Ala. 1975.)
History
(1) Any person seeking licensure as an apprentice shall submit an application on a form provided by the Board.
(2) No person shall act as an apprentice prior to being issued an Apprentice License by the Board.
(3) Any person seeking licensure as an apprentice shall submit an affidavit, on a form provided by the Board, attesting that the applicant has no felony convictions. This affidavit shall be submitted simultaneously with the application for licensure.
(4) An Apprentice License shall only be valid for 120 days from date of issuance, except that an apprentice who is at least 19 but under 21 years of age may be issued an Apprentice License that may remain valid, up and until the apprentice reaches the age of 21.
(5) An apprentice shall be accompanied by a licensed professional bail bondsman, professional surety, or recovery agent, who is responsible for directing and overseeing the actions of the apprentice during the performance of his duties, except an apprentice may deliver written correspondence, documents, etc., to the Court, the Sheriff or other jail related facilities without physical supervision. The accompanying licensee shall be responsible and accountable for the actions of the apprentice.
History
(1) All professional bail companies, professional surety companies, professional bondsmen, professional surety bondsmen, and recovery agents, commencing and/or conducting business in any judicial circuit in this state, shall obtain and maintain a current license, which shall expire each year on October 31 at 11:59 p.m., unless renewed within the time allowed as set forth herein. Once a license has expired, an individual and/or company shall immediately cease and desist from providing bail bond and/ or recovery services as providing bail bond or recovery agent services under an expired license is prohibited. Once a license expires, an individual and/or company cannot request inactive status.
(2) A completed renewal application and assessed late fee penalty, if applicable, must be received by the Board's office no later than October 31 at 11:59 p.m. on each year to prevent expiration. Upon the Board's timely receipt of the licensee's completed renewal application, background check, proof of required education and assessed late fee penalty, if applicable, said renewal application will be processed within a reasonable time after the Board's office has received the same. An individual may not provide bail bond or recovery agent services under an expired license.
(3) Licensees who fail to complete the required continuing education program will not be re-licensed for the upcoming-renewal period. Licensees desiring to have their licenses reinstated must attend a continuing education class offered in the current licensing period before a license will be issued. A second continuing education class must be attended for a licensee to obtain a license for the following-renewal period.
(4) The Board will notify all individuals with an expired license of their license status in writing, will notify their employer of record, and will post their name on the Board website. The Board's Executive Director or its designee will follow up on each expired license to ensure that bail bond services are not being provided under an expired license. Persons providing any type of bail services under an expired license are subject to disciplinary action by the Board.
History
(1) Renewal applications must be received at the Board's office by September 30th of each year. All licensees shall submit renewal applications in accordance with the Board's application requirements (which annually require a minimum number of hours of educational or instructional courses, unless exempted) and the background check to the Alabama Professional Bail Bonding Board electronically at www.apbb.alabama.gov or via certified mail to the Alabama Professional Bail Bonding Board office. The Board's application requirements are located at www.apbb.alabama.gov and the renewal application forms can be located on-1ine at www.apbb.alabama.gov. Failure to receive a renewal application form from the Board shall not constitute an excuse for a licensee's failure to renew a license and shall not constitute an excuse for a licensee's failure to timely renew a license.
(2) Renewal applications received at the Board's office after September 30th and by October 31st will be processed; however, the applicant will pay a renewal license fee of twice the amount otherwise required. Said renewal license fee must be received at the Board's office when the completed renewal application form is received at the Board's office for the renewal application to be deemed properly submitted and subsequently processed.
(3) Renewal application forms received after 11:59 p.m. on October 31st, will be processed on the licensees' expired license; however, the applicant will pay a renewal license fee of twice the amount otherwise required. Said renewal license fee must be received at the Board's office when the completed renewal application form is received at the Board's office for the renewal application to be deemed properly submitted and subsequently processed.
(4) Licensees must have completed the applicable minimum continuing education or instructional hours for their license to be renewed. (See 153-X-4-.06) A company owner, who is at least 55 years of age and has five (5) years of experience in the profession, shall only be required to complete four (4) hours of continuing education. See Code of Ala. 1975, § 15-13-217(b).
History
(1) A license will be designated as "Expired" effective November 1st of each year if the Board has not received a licensee's completed renewal application form and assessed late fee penalty, if applicable, by 11:59 p.m. on October 31st* Once a license has expired, an individual and/or company must immediately cease and desist from providing bail bond and/or recovery services as an individual and/or company is prohibited from providing bail bond or recovery agent services under an expired license. Once a license expired, an individual and/or company cannot request inactive status.
(2) The license status remains "Expired" until the licensee receives official written notification from the Board's office that states that the licensee's "Expired" license has been reinstated.
History
(1) A license expires if a completed renewal application and late fee penalty, if applicable, is not received at the Board's office by 11:59 p.m. on October 31st each year. A licensees' expired license can be reinstated under the following limited conditions:
(2) By submitting a completed renewal application form (with the necessary applicable education or instructional course hours) and an assessed late fee penalty of $125.00 to the Board which will be processed by the Board so long as both the completed renewal application form and assessed late fee penalty are received by the Board's office within 12 months of expiration.
(3) Personal checks and/or cash will NOT be accepted with the renewal application form.
History
(1) Licensees shall annually complete not fewer than eight (8) hours of continuing education courses presented by a Board- approved provider which shall be published on the Board's website except for the following stated limited exception and exemptions:
(a) Licensees who commencing business i.e., began working for the first time as a professional bondsman, professional surety bondsman and/or as a recovery agent on or after June 1, 2020, shall complete an initial 16-hour instructional course in lieu of the eight (8) hours of continuing education courses for that licensure cycle.
(b) Professional bail Company Owners who are 55 years of age and have a least 5 years of experience must only complete 4 hours of continuing education, and
(c) Professional Bail Company Owners or Professional Bondsmen who are 65 years of age or older and have at least 15 years' experience are exempt from continuing education requirements.
(d) Licensees who fail to complete the applicable annually-required continuing education course hours from a Board-approved provider or, if applicable, fail to complete the initial 16-hour instructional courses program will not be re-licensed and their license will not be renewed until they are in full compliance with Board requirements. Licensees desiring to have their licenses timely renewed or reinstated must attend and complete the applicable number of continuing education course hours or instruction course hours before a license will be renewed or reinstated and these continuing education or instructional course hours will only apply toward fulfilling the past deficient hours required for the past renewal or licensing period. The licensee must then also complete and attend the applicable annually-required continuing education course hours from a "board-approved" provider to obtain and/or renew a license for the current renewal period. The same educational hours cannot be applied twice.
History
The Board will notify all individuals and companies with an expired license of their expired license status in writing and will notify the individual's employer of record and will post the name of each individual and/or company with an expired license on the Board's website. The Board's Executive Director of the Board's designee will follow up on each expired license to ensure that bail bond services are not being provided under an expired license. Individuals and/or companies providing any type of bail services under an expired license are subject to disciplinary action by the Board in addition to criminal charges.
History
(1) A license to a professional bail bondsman, professional surety, or recovery agent, shall not be issued or renewed to any individual, and may be revoked, if that individual:
(a) Has been convicted of a felony or any offense involving moral turpitude, as determined by the Alabama Professional Bail Bonding Board.
(b) Is regularly, temporarily, or frequently employed by:
A court of law; or
As an employee authorized to approve bail; or
A public law enforcement agency.
(c) Is an attorney holding an active license by the State of Alabama.
(d) Is found by the Board upon a complaint being filed to be incompetent, untrustworthy, financially irresponsible, or of doubtful personal and business reputation.
(e) Is a person whose license has been previously revoked unless approved by the Board.
(f) Is found to have offered or received sexual contact, sexual favors, or sexual congress in any form in exchange for the issuance of a bond or while the bond or bondman's process is in effect.
(g) Knowingly and willfully submits a material misstatement or misrepresentation in an application for license.
(h) Commits any act during which would have been cause for refusal to issue a license had it been known to the Board at the time of issuance.
(i) Violates any part of the Alabama Bail Bond Regulatory Act, Chapter 13 of Title 15, Code of Ala. 1975.
(2) Any licensee having knowledge that another licensee has committed a violation of these rules, any statute regulating bail bonds, professional bail bondsmen, professional sureties, recovery agent, professional bail bond or professional surety companies, that a licensee has been convicted of a felony or other offenses which would disqualify the licensee from holding such license, shall promptly, within fourteen (14) calendar days of the discovery of such information, notify the Board in writing.
History
(1) A license to a professional bail company and/or professional surety company shall not be issued or renewed to any company, and may be revoked, if that company:
(a) Continues to employ individuals who have been convicted of a felony or any offense involving moral turpitude, as determined by the Alabama Professional Bail Bonding Board.
(b) Employs individuals who are also regularly, temporarily or frequently employed by:
A court of law; or
As an employee authorized to approve bail; or
A public law enforcement agency.
(c) Employs an individual who has had their license revoked or suspended by the Board.
(d) Is owned or operated, in whole or in part, by an individual who has been found by the Board upon a complaint being filed to be incompetent, untrustworthy, financially irresponsible, or of doubtful personal and business reputation.
(e) Employs a person whose license has been previously revoked, unless approved by the Board.
(f) Is owned or operated, in whole or in part, by an individual who has been found to have offered or received sexual contact, sexual favors, or sexual congress in any form in exchange for the issuance of a bond or while the bond or bondman's process is in effect.
(g) Knowingly and willfully submits a material misstatement or misrepresentation in in an application for license.
(h) Commits any act during which would have been cause for refusal to issue a license had it been known to the Board at the time of issuance.
(i) Violates any part of the Alabama Bail Bond Regulatory Act, Chapter 13 or Title 15 Code of Ala. 1975.
(j) Any licensee having knowledge that another licensee has committed a violation of these rules, any statute regulation bail bonds, professional bail bondsmen, professional sureties, recovery agent, professional bail bond or professional surety companies, that a licensee has been convicted of a felony or other offenses which would disqualify the licensee from holding such license, shall promptly, within fourteen (14) calendar days of the discovery of such information, notify the Board in writing.
History
(1) When a company or licensee takes physical possession of collateral, a pre-numbered written receipt must be given to the client reflecting the following:
(a) The name, address, and telephone number of the company;
(b) The name, date, and signature of the client giving collateral;
(c) The case numbers for which collateral is posted;
(d) A description and approximate value of collateral received:
(e) The purpose for collateral received; and
(f) The name and signature of the licensee.
(2) Any company or licensee who receives collateral in connection with a contract for bail shall receive such collateral in a fiduciary capacity. Prior to any forfeiture of bail, the company or license shall keep collateral separate and apart from any other funds or assets of such company or licensee or any other licensee.
(3) At no time shall collateral be converted as an asset or for use of the company or the licensee or other licensee prior to any forfeiture, granted or executed.
(4) Promissory notes between a licensee or any other licensee and/or a company and a client are not considered collateral.
(5) Collateral maintained by a company and/or licensee shall be returned to the client within thirty (30) calendar days of adjudication of the client.
(6) If the amount of the bond exceeds the value of the collateral, that excess amount shall be considered unsecured.
History
(1) If collateral received is in excess of the bail forfeited, such excess shall be returned to the client immediately after the collateral is applied to the forfeiture.
(2) Documented and reasonable expenses incurred due to a breach of the contract or Court Order may be deducted from the collateral, if the Court does not allow a remission from the sum specified in the bail bond.
History
(1) A client shall be entitled to a refund of his/her premium when the client is surrendered by his bail bondsman at any time prior to the final termination of the liability of the bond, provided that the client has not committed any of the following:
(a) Failed to appear for court or left the jurisdiction of the court without written consent of the court and/or the bail bondsman.
(b) Moved from his/her place of residence without notifying his/her bail bondsman.
(c) Was arrested for an offense, other than a violation.
(d) Violated any substantive provision in the bail bond contract.
(e) Client cannot be put back into custody for non-payment.
(2) A client shall be entitled to a refund of his/her premium when the bail bondsman fails to secure the client's release from actual custody on the charges for which he/she contracted.
History
(1) Any Company that is required to use documents, power of attorney, or any materials from general Surety Agency shall use only original documents.
(2) Any Company that owes monies to any general Surety Agent or Court shall not change their Surety until all monies are paid in full.
(3) Any Company or Licensee shall not exceed their underwriting authority for Bail amounts.
(4) Any Company or Licensee shall not have any delayed reporting to their General Surety Agent.
(5) Any Company or Licensee shall return any and all documents requested by their General Surety Agency upon request.
(6) Any company or licensee shall attach Powers of Attorney and/or any required documents to their bonds as required by their General Surety Agency.
History
(1) Complaints may be filed pursuant to the Alabama Bail Bond Regulatory Act, Chapter 13 of Title 15, Code of Ala. 1975.
(2) Any person desiring to make a complaint concerning an alleged violation of the Alabama Bail Bond Regulatory Act, Chapter 13 of Title 15, Code of Ala. 1975 by any bondsman shall use the APBB Consumer Complaint Form as provided by the Board. The Complaint form is located at www.apbb.alabama.gov.
(3) Complaint forms must be submitted to the Executive Director in writing and must contain the notarized signature of the complaining person/or party.
History
(1) All complaints received by the Executive Directory shall be forwarded to the Investigate Committee and may be subjected to investigation. Complaints must be submitted within one hundred eighty (180) days of the alleged occurrence. The Investigative Committee shall be appointed by the Board Chairman and consist of the Executive Director and two Board members.
(2) A copy of all complaints will be forwarded to the licensee that is the subject of the complaint.
(3) A copy of all complaints will be forwarded to the company employing any licensee who is the subject of any complaint.
(4) Any licensee that is the subject of a complaint shall promptly, within thirty (30) calendar days, respond to all correspondence or request(s) for information directed to the licensee by the Board or any employee thereof. Every licensee shall fully cooperate with any examination or investigation conducted by the Board, the Executive Director, the Investigative Committee, and /or its designee. Failure to do so may be grounds for a hearing, suspension of license, or revocation of license.
(5) Failure on the part of any licensee to make requested records available for inspection or examination upon request by the Board, the Executive Director, and/or its designee pursuant to a complaint may provide grounds for a hearing, suspension of license, or revocation of license.
(6) Any person that is regulated by this Board who files a complaint or causes a complaint to be filed against another regulated entity, that is ultimately determined, by the Board, to be a complaint without merit, the complaining party shall be brought before this Board for appropriate disciplinary action pursuant to the Alabama Bail Bond Regulatory Act, Chapter 13 of Title 15, Code of Ala. 1975.
History
The Board may appoint a hearing officer to preside at hearings, and the hearing officer shall prepare a written recommendation to the Board. The Board will review such report within thirty (30) calendar days to render a decision. The hearing officer is selected pursuant to the Alabama Administrative Procedures Act, Chapter 22 of Title 41, Code of Ala. 1975.
History
(1) All hearings shall be conducted in the same manner as hearings held by the Board under the Alabama Bail Bond Regulatory Act, Chapter 13 of Title 15, Code of Ala. 1975, unless otherwise stated.
(2) At the discretion of the investigative committee, should a violation be found, the Executive Director may offer a consent agreement. The licensee that is the subject of a complaint may request a formal hearing before the Board. All consent agreements entered into by the Executive Director must be submitted for Board approval at the next regularly scheduled meeting of the Board.
(3) Under the Alabama Administrative Procedures Act, Chapter 22 of Title 41, Code of Ala. 1975, regarding contested complaints, the Board's Presiding Hearing Officer may subpoena witnesses, administer oaths and affirmations, examine any individual under oath, require and compel production of books, papers, contracts and other documents. Subpoenas of witnesses shall be served in the same manner as if issued by a circuit court and may be served by certified mail.
(4) Notice of the time and place of the all hearings stating the matters to be considered shall be given in writing not less than thirty (30) calendar days in advance.
(5) The Board shall allow any party to a hearing to appear in person and with counsel, to be present during the giving of all evidence, to have a reasonable opportunity to inspect all documentary evidence and examine witnesses, to present evidence in support of his/her interest, and to have subpoenas issued by the Board to compel attendance of any witness and production of any evidence on his/her behalf.
(6) The Board may suspend a license for up to twelve (12) months or revoke any license if the Board makes a valid determination that the licensee has violated any provisions of the Alabama Bail Bond Regulatory Act, Chapter 13 of Title 15, Code of Ala. 1975.
(7) If the Board finds that grounds exist for the suspension or revocation of any license, the Board may request that formal charges be filed against the violator and that the penalties set out in Alabama Bail Bond Regulatory Act, Chapter 13 of Title 15, Code of Ala. 1975 be imposed.
(8) The Board shall have the discretion to issue a license to any person whose license has previously been revoked, following a review of the previous revocation and a majority vote by the Board.
(9) If the Board determines that the public health, safety, or welfare requires emergency action and incorporates a finding to that effect in its order, an emergency suspension of a licensee may be ordered, pending a formal hearing before the Board, which shall be promptly instituted.
(10) A licensee may appeal any order of the Board as a matter of right. All appeals of the Board shall be taken to the Circuit Court of Montgomery County, Alabama, by filing written notice of said appeal and immediately serving a copy of the notice with the Board within thirty (30) days after issuance of the Order.
(11) The Board may suspend or revoke on an Emergency basis the license of a Licensee failing to report his or her arrest to the Board within 10 days. The Board may suspend or revoke any licensee under Temporary Emergency basis if the endangerment to the public or consumer, or other felony arrest that would impact the licensee's ability to receive or renew his or her license.
History
(1) All fees and fines paid to the Board are non-refundable.
(2) All fees and fines are payable by certified check, cashier's check, corporate or business check, or money order.
(a) Counter checks are not an acceptable method of payment.
(b) Personal checks will not be accepted.
(3) Statutory charges for returned checks shall be paid by the applicant or licensee within ten (10) business days from receipt of notice to remit full payment pursuant to Code of Ala. 1975, § 13A-9-13.1(b)(2) and shall be the maximum fee allowed by Code of Ala. 1975, § 8-8-15.
(4) The Board may allow payment of fees by electronic means to include applicable processing fees.
(5) Payment, regardless of the method, that is not honored by any financial institution may result in disciplinary action and/or reporting to the appropriate legal authorities as well as suspension or revocation of license.
(6) A license may not be issued until payment in full for all applicable fees is received by the Board.
(7) The fees to be collected are as follows:
(a) Application Fee - $125
(Professional Bondsman, Professional Surety Bondsman, Recovery Agent, Owner of Agency, Agency Employee)
(b) License Fee (Initial and Renewal) - $125
(Professional Bondsman, Professional Surety Bondsman, Recovery Agent, Owner of Agency, Agency Employee)
(c) Application/License Fee - $50
(Professional Bail Bond Company/Surety Company)
(d) Late License Renewal - Twice the renewal fee (See Code of Ala. 1975, § 15-13-217(g))
(e) Apprentice License Fee - $50.00
(f) Company License Fee (Initial and Renewal)
(g) I.D. Card - Assessed and collected by approved provider
(h) Background Check - Assessed and collected by approved provider
(i) CE Certification Fee - Assessed and collected by approved provider
History
(1) A licensee shall be fair and impartial toward each participant in all aspects of bail related services.
(2) A licensee, if requested, shall provide information regarding services to be rendered to all clients. The licensee must strive to meet contractual obligations.
(3) Licensees shall be alert to situations that are conflicts of interest or that may give the appearance of a conflict of interest. If a conflict arises, the licensee must disclose that conflict or potential conflict to the client.
(4) No licensee shall purposely make any misleading or untrue representations to any court or to any public official for the purpose of avoiding or preventing a forfeiture of bail, setting aside of a forfeiture, or obtaining a bondsmen's process.
(5) A licensee who becomes impaired and unable to function per the standards of professional conduct should immediately refrain from providing any professional services. It is the licensee's responsibility to seek supervision and/or personal therapy for any problem that is interfering with the ability to perform professional services.
(6) Licensees shall preserve the applicable confidentiality and ensure the security of applicable confidential information, oral or written, entrusted to the licensee by any and all clients.
(7) Licensees shall not permit the use of his/her name or company's name, nor shall a licensee be associated in business ventures, with persons or companies that the licensee has reason to believe is engaging in fraudulent or dishonest business practices.
(8) Licensees shall be truthful and accurate when making public statements or when advertising services provided.
(9) Licensees shall meet all mandated continuing education requirements.
(10) Licensees having knowledge of possible/probable violations of any of these Rules and Regulations shall file a complaint form with the Board and cooperate as necessary with the Board investigation of such violation.
(11) Licensees must report to the Board his or her arrest, on any charge, within ten (10) days via certified or electronic mail.
(12) Any attire worn and business materials or business names used must reflect a Bail related service or Bail Recovery or Bail Enforcement and shall not be misleading.
(13) No company or licensee shall pay monies, offer gifts, or give anything of value to any personnel/inmate of a jail facility or judicial official/employee, for unethical purposes.
(14) No company or licensee shall solicit bail services at any jail facility.
(15) All companies and licensees shall conduct all bail related or bail recovery business in a professional and ethical manner and shall uphold these Standards of Professional Conduct.
(16) A licensee shall not charge an arrestee money or accept money in exchange for not processing the arrestee into custody.
(17) All monies owed to any jurisdictions in regard to Final Forfeitures or Bail Bond Processing fees must be satisfied before a company or licensee can open another business in the same or any other jurisdictions in the State of Alabama.
(18) A licensee shall not charge an unreasonable fee to an arrestee, indemnitor, or co-signer for the recovery of an arrestee. Such a fee shall not exceed the overall cost of the original bond.
(19) Only an approved badge by the Board shall be used by a licensee. Such badge must include the license number assigned.
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(1) All disciplinary actions taken by the Alabama Professional Bail Bonding Board are to be communicated in writing to the licensee.
(2) Upon self-disclosure or receipt of a written complaint on an APBB Consumer Complaint Form signed by the person making the complaint, alleging that a licensee, unlicensed individual or unlicensed company has violated a statute or rule by committing one or more of the actions specified as grounds for disciplinary action, the Investigative Committee shall perform a preliminary review of the facts stated to determine if a violation of the Board's law or its rules may have occurred. The Consumer Complaint Form must be completed before an investigation is initiated.
(3) When a preliminary review discloses that further investigation is not warranted, the Investigative Committee may close the investigative file without any further action. All closed non-founded complaints are not public information.
(4) The procedures of the Investigative Committee are as follows:
(a) Within ten (10) business days of receipt of a written complaint being filed against a licensee the Board or its designee shall notify the licensee of the allegations and provide a copy of the complaint by certified mail, addressed to the last known address of the licensee on file with the Board. The licensee may submit a written response to the allegations, together with any supporting documentation, to the Executive Director within fifteen (15) business days of receipt of the Board's notification. In addition to submitting a written response to the allegations, a licensee may submit a written request to speak to the investigative committee in person in response to the complaint within fifteen (15) days of receipt of the Board's notification. It is solely within the discretion of the investigative committee to grant or deny a request to meet with the investigative committee.
(b) The Investigative Committee shall have the authority to temporarily suspend a license, prior to the completion of the investigation, for a period not to exceed (90) days.
(c) The Investigative Committee shall review the complaint and other information submitted to determine if further action and/or investigation is warranted.
(d) If further investigation is warranted, the Board's Investigator shall conduct a further investigation under the direction of the Executive Director and designated Board Member;
(e) At the conclusion of the investigation, the investigator shall submit a report to be reviewed by the Investigative Committee, which has the authority to act on the report;
(f) The Investigative Committee shall send written notification to the complainant and the licensee of any action it decides to take in response to the complaint or investigative report.
(g) If the Investigative Committee determines that an investigation is not warranted, the Executive Director and designated Board Member may close the investigative file. The Executive Director shall notify the complainant and the licensee against whom the complaint was made that the investigation has been closed and that no further actions will be taken.
(5) The Investigative Committee shall have the power and authority to act on the report of the investigation as follows:
(a) Dismiss the complaint for no violation found.
(b) Enter into a consent agreement that must be accepted and approved by the Board.
(c) Commence disciplinary proceedings for a hearing before the Board.
(d) Accept voluntary surrender of a license.
(e) Temporarily suspend a license.
History
The Board hereby adopts by reference as its rules Section 41-22-1, et seq.,
Code of Alabama 1975 , governing contested cases, appeals, and related proceedings.
History
(1) At least thirty (30) days prior to the administrative hearing, a notice of hearing and a copy of the charges shall be served on the unlicensed individual, unlicensed company, applicant or licensee via personal service and/or registered or certified mail to the last known address for the applicant or licensee on file with the Board. If service of process is refused or unclaimed, and the certified mail receipt or the return of the person serving process so indicates, the Board may serve the document by first-class mail addressed to the licensee or other person at his or her last known address as shown in the Board's records. Service shall be deemed complete three (3) days after the depositing of same in the United States mail.
(2) The Board's complaint may be amended prior to the hearing, but no amendment shall be permitted on fewer than thirty (30) days notice which is not germane to the initial charge or charges or which materially alters the nature of any offense charged in the initial complaint.
(3) Requests for subpoenas shall be filed with the Hearing Officer at least fifteen (15) days prior to the hearing along with the appropriate subpoena-processing fee. Any expense for service by a sheriff, process server, or other entity shall be the responsibility of the party requesting the subpoena. Any expenses incurred relative to subpoenas requested by a respondent, either for witnesses or related to production of documents, are the responsibility of the party requesting the issuance of said subpoena.
(4) The hearing shall be conducted by a hearing officer appointed by the Board in accordance with the hearing procedures set forth in the Alabama Administrative Procedure Act, Section 41-22-1, et seq., Code of Ala 1975. The hearing officer shall have the authority to perform those acts set forth in Section 41-22-12(c), Code of Ala. 1975, and shall rule on all questions of evidence and procedure, notwithstanding any other provisions of these rules to the contrary. All testimony provided at the hearing shall be under oath, and a record of the proceeding shall be transcribed by a court reporter scheduled by the Board.
History
History
(1) Based upon the evidence presented at the administrative hearing, the Board may do one or more of the following:
(a) Dismiss the complaint.
(b) Suspend the licensee's license. A suspended license is subject to expiration during the suspension period and must still be renewed. Only a current license may be restored to the licensee at the end of the suspension period.
(c) Revoke the licensee's license.
(d) The Board may levy a fine not to exceed one thousand dollars ($1,000) per violation. Each incident, after Board notice of a violation of its rules and regulations or statute, may be considered as a separate violation.
(e) The Board may refer a licensee or unlicensed person or business to the appropriate authorities for criminal prosecution.
(2) A majority of those members on the Board present and voting on any matter shall decide that matter before the Board.
(3) The decisions of the Board shall be in writing in the form of an order, which shall be made part of the record and include findings of fact and conclusions of law specifically stated. The Board's final order shall be rendered within thirty (30) days of the date of receipt by the Board of the hearing officer's recommended order. A copy of the Board's final order shall be mailed to the bail bondman by certified mail, return receipt requested, with a copy of the order delivered to the bail bondsman's attorney by first class mail.
(4) The decisions of the Board shall be subject to public dissemination, i.e. website, etc.
(5) Requests for reconsideration of decisions of the Board are to be filed with the Board office within ninety (90) days following the date of the Board's final order. Further appeal is then available in Circuit Court pursuant to the requirements of the Alabama Administrative Procedure Act.
History
(1) Application for a license following denial of licensure shall:
(a) Include evidence of resolution of the stated reasons for denial in the Board's final order.
(2) Board action on applications following denial of licensure may be taken informally or through the formal hearing process.
(3) In considering a subsequent application for licensure, the Board may evaluate factors that include but are not limited to:
(a) The severity of the act(s) or omission(s) which resulted in the denial of licensure.
(b) The conduct of the applicant subsequent to the denial of licensure;
(c) The lapse of time since denial of licensure.
(d) Compliance with any conditions stipulated by the Board as a prerequisite for a subsequent application.
(e) Evidence of rehabilitation, as shown by affidavits provided directly to the Board from qualified individuals who have personal or professional knowledge of the applicant.
(f) Whether the applicant is currently in violation of any applicable statute or rule.
History
(1) Reinstatement of a revoked or suspended license due to violations of Board statutes or rules:
(a) Application for reinstatement:
May be made twelve (12) months after the effective date of revocation unless otherwise specified in the Board's final order revoking or suspending the license of a professional bail bonds, professional surety, or recovery agent; and
Shall be made according to forms and guidelines provided by the Board;
Applicants for reinstatement of revoked or suspended licenses are required to have paid all current and past due fees and fines to the Board. In addition, applicants for reinstatement of a revoked license must meet all current certification requirements, including passage of the written examination, and any additional requirements imposed under the Board's rules.
(b) Applications for reinstatement of a revoked or suspended license may be resolved informally or through the formal hearing process.
(c) In considering reinstatement of a revoked or suspended license, the Board may evaluate factors that include but are not limited to:
Severity of the act(s) that resulted in suspension or revocation of the license;
Conduct of the applicant subsequent to the suspension or revocation of license;
Lapse of time since suspension or revocation;
Compliance with all reinstatement requirements stipulated by the Board;
Evidence of rehabilitation as shown by affidavits provided directly to the Board from qualified individuals who have professional knowledge of the applicant;
Whether the applicant is in violation of any applicable statute or rule;
Whether, directly or by implication, the applicant has represented in any way that he/she is a licensed professional bail bondsmen, professional surety, or recovery agent.
(2) Reinstatement of an expired license due to failure to renew during the grace period :
(a) Application for reinstatement:
May be made at any time after the license expired due to a failure to renew during the grace period;
Shall be made according to forms provided by the Board.
An expired license may not be reinstated until the licensee has paid all delinquent fees and met all current certification requirements, including passage of the written examination, and any additional requirements imposed under the Board's rules.
(b) Applications for reinstatement may be approved by the Executive Director and a designated board member or by a vote of the Board at a scheduled board meeting.
(c) In considering reinstatement of an expired license, the Board or its Executive Director may evaluate factors that include but are not limited to:
Whether the individual has continued to practice without a license;
Whether the individual responded to Board correspondence;
Whether the individual provided the Board's administrative office with updated addresses and telephone numbers.
(d) An affirmative vote of a majority of the members of the board is required to reinstate a revoked, suspended or expired license.
(3) Applicants for reinstatement of a revoked, suspended, or expired license must pay a reinstatement fee.
(4) Applicants for reinstatement of a revoked, suspended, or expired license must complete Continuing Education Units (CEUs) for each renewal period the applicant has failed to renew the license, unless otherwise specified in the Board's final order revoking or suspending the licensee.
History
(1) A licensee may appeal a decision of the Board by submitting a request for reconsideration to the Board office within ninety (90) days following the date of issuance of a final order of the Board.
(2) The request should be based upon newly discovered evidence which would justify relief from the decision rendered.
(3) Such requests should include, by written memorandum or brief, the detailed basis for such reconsideration. The opposing party shall have the opportunity to present a written reply memorandum or brief challenging such basis within thirty (30) days from the submission of the request for reconsideration.
(4) The Board shall review the written arguments of the parties at its next regular or special meeting and, based upon such review, determine in its discretion by a majority vote of those members on the Board present and voting on such matter, whether to sustain its previous decision or grant such relief from the decision as may be appropriate. In reviewing the request, the Board may, at its sole discretion, hear further oral argument or new sworn testimony or suggest supplemental responses. The Board shall render a written order setting forth the determination of the Board within thirty (30) days of the vote reflecting the decision of the Board.
(5) The filing of the request for reconsideration shall be at the option of the parties and should not be deemed as a prerequisite to, or hindrance of, a party's right to judicial review of a Board decision in accordance with the procedures provided under the Alabama Administrative Procedure Act, Chapter 22, Title 41, Code of Ala. 1975.
History
(1) No Board member who has a disqualifying conflict or bias against an applicant or licensee shall participate or vote in the consideration of any application, information disposition of a contested case, or any disciplinary proceeding before the Board concerning the applicant or licensee.
(2) Any challenge to a Board member's participation based upon any alleged conflict or bias shall be filed within the time set for the filing of motions as established by the hearing officer. Any such challenge shall be accompanied by an affidavit(s) stating with specificity the basis for the alleged conflict or bias.
History
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