IC 27-10-3-1 Bail agent and recovery agent; licenses; qualifications
Sec. 1. (a) A person may not act in the capacity of a bail agent or
recovery agent or perform any of the functions, duties, or powers
prescribed for bail agents or recovery agents under this article unless
the person is qualified and licensed as provided in this article.
However, none of the terms of this section shall prohibit any
individual or individuals from:
(1) pledging real or other property as security for a bail bond in
judicial proceedings and where the individual does not receive,
or is not promised, money or other things of value; or
(2) executing any bail bond for an insurer, pursuant to a bail
bond service agreement entered into between the insurer and
any automobile club or association, financing institution,
insurance company, or other organization or association, and on
behalf of a person required to furnish bail in connection with
any violation of law arising out of the use of a motor vehicle.
(b) A license:
(1) may not be issued except in compliance with this article;
and
(2) may only be issued to an individual.
However, upon an affirmative showing to the commissioner in
writing by an individual that the individual is an all lines fire and
casualty insurance producer, a surety bail agent license shall be
issued to the individual without further qualification or fee to
represent an insurer the individual is licensed to represent. The
individual shall be subject to and governed by laws and rules relating
to bail agents when engaged in the activities of a bail agent.
(c) A firm, a partnership, an association, a limited liability
company, or a corporation may not be licensed.
(d) The applicant must apply in writing, on forms prepared and
supplied by the commissioner, and the commissioner may propound
any reasonable interrogatories to an applicant for a license under this
article or on any renewal of a license relating to the applicant's
qualifications, residence, prospective place of business, and any
other matters which, in the opinion of the commissioner, are deemed
necessary or expedient in order to protect the public and ascertain the
qualifications of the applicant. The commissioner may also conduct
any reasonable inquiry or investigation the commissioner sees fit,
relative to the determination of the applicant's fitness to be licensed
or to continue to be licensed.
(e) The failure of the applicant to secure approval of the
commissioner shall not preclude the applicant from applying as many
times as the applicant desires. However, an applicant's application
may not be considered by the commissioner within one (1) year
subsequent to the date upon which the commissioner denied the
applicant's last application.
As added by P.L.261-1985, SEC.1. Amended by P.L.8-1993,
SEC.434; P.L.224-1993, SEC.12; P.L.1-1994, SEC.140;
P.L.178-2003, SEC.81.
IC 27-10-3-2 Expiration of licenses; renewal; reinstatement
Sec. 2. (a) All licenses issued expire two (2) years after the end of
the month of issue based on the schedule set forth in subsection (b)
unless the licensee is on probation or the licensee's license was
revoked or suspended before that date by the commissioner or upon
notice served upon the commissioner that the insurer or employer of
any recovery agent has canceled the licensee's authority to act for the
insurer or employer.
(b) A license must be renewed under this article according to the
following schedule:
(1) A licensee whose last name commences with the letters A
through H shall renew a license before the last day of August
every other calendar year beginning August 1993.
(2) A licensee whose last name commences with the letters I
through R shall renew a license before the last day of
September every other calendar year beginning September
1993.
(3) A licensee whose last name commences with the letters S
through Z shall renew a license before the last day of October
every other calendar year beginning October 1993.
(c) A licensee who is issued a new license with not more than one
(1) year remaining shall pay fifty percent (50%) of the fee set forth
in section 4 of this chapter.
(d) A license that has expired may be reinstated if:
(1) the licensee:
(A) applies for reinstatement not more than ninety (90) days
after the expiration date;
(B) is not on probation;
(C) has not previously been denied a license;
(D) pays:
(i) a pro rata part of the license fee required under section
7 of this chapter based on the renewal schedule set forth in
subsection (b); plus
(ii) to the commissioner a license reinstatement fee of one
hundred dollars ($100); and
(E) meets all other requirements for licensure; and
(2) the license was not revoked or suspended at the time that the
license expired. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.13; P.L.1-1994, SEC.141; P.L.102-2005, SEC.1.
IC 27-10-3-3 Applications; qualifications
Sec. 3. (a) The application for license, in addition to the matters
set out in section 1 of this chapter, to serve as a bail agent must
affirmatively show that:
(1) the applicant is at least eighteen (18) years of age and is of
good moral character;
(2) the applicant has never been convicted of a disqualifying
offense, notwithstanding IC 25-1-1.1, or:
(A) in the case of a felony conviction, at least ten (10) years
have passed since the date of the applicant's conviction or
release from imprisonment, parole, or probation, whichever
is later; or
(B) in the case of a misdemeanor disqualifying offense, at
least five (5) years have passed since the date of the
applicant's conviction or release from imprisonment, parole,
or probation, whichever is later;
(3) the applicant has knowledge or experience in the bail bond
business, or has held a valid all lines fire and casualty insurance
producer's license for one (1) year within the last five (5) years,
or has been employed by a company engaged in writing bail
bonds in which field the applicant has actively engaged for at
least one (1) year of the last five (5) years; and
(4) the applicant has completed at least twelve (12) hours of
instruction in courses approved by the commissioner under
section 7.1 of this chapter that pertain to the duties and
responsibilities of a bail agent or recovery agent, including
instruction in the laws that relate to the conduct of a bail agent
or recovery agent.
(b) The application must affirmatively show that the applicant has
been a bona fide resident of Indiana for one (1) year immediately
preceding the date of application. However, the commissioner may
waive this requirement. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.14; P.L.178-2003, SEC.82; P.L.102-2005, SEC.2.
IC 27-10-3-4 Examination; fees; fingerprints and photographs
Sec. 4. (a) A license fee of six hundred fifty dollars ($650) and an
examination fee of one hundred dollars ($100) must be submitted to
the commissioner with each application for the issuance of a bail
agent's license.
(b) An applicant for a bail agent's license must also furnish with
the application a complete set of the applicant's fingerprints and a
recent credential-size full face photograph of the applicant. The
applicant's fingerprints must be certified by an authorized law
enforcement officer. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.15.
IC 27-10-3-5 Recovery agent; additional licensing requirements; fees;
fingerprints and photographs
Sec. 5. In addition to the requirements prescribed in section 1 of
this chapter, an applicant for a license to serve as a recovery agent
must affirmatively show that:
(1) the applicant is at least eighteen (18) years of age;
(2) the applicant is a citizen of the United States and has been
a bona fide resident of this state for more than six (6) months
immediately preceding the date of application;
(3) the applicant has never been convicted of a disqualifying
offense, notwithstanding IC 25-1-1.1, or:
(A) in the case of a felony conviction, at least ten (10) years
have passed since the date of the applicant's conviction or
release from imprisonment, parole, or probation, whichever
is later; or
(B) in the case of a misdemeanor disqualifying offense, at
least five (5) years have passed since the date of the
applicant's conviction or release from imprisonment, parole,
or probation, whichever is later; and
(4) the applicant has completed at least twelve (12) hours of
instruction in courses approved by the commissioner under
section 7.1 of this chapter that pertain to the duties and
responsibilities of a bail agent or recovery agent, including
instruction in the laws that relate to the conduct of a bail agent
or recovery agent.
A license fee of three hundred dollars ($300) and an examination fee
of one hundred dollars ($100) shall be submitted to the commissioner
with each application, together with the applicant's fingerprints and
photograph. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.16; P.L.102-2005, SEC.3.
IC 27-10-3-6 Examination; application
Sec. 6. (a) The applicant for a bail agent's or recovery agent's
license shall be required to appear in person and take a written
examination prepared by the commissioner testing the applicant's
ability and qualifications to be a bail agent or recovery agent.
(b) An applicant is eligible for examination after the date the
application is received by the commissioner, if the commissioner is
satisfied as to the applicant's fitness to take the examination.
Examinations shall be held at times and places designated by the
commissioner, and an applicant shall be given notice of a time and
place not less than fifteen (15) days prior to taking the examination.
(c) The failure of an applicant to pass an examination may not
preclude the applicant from taking subsequent examinations. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.17; P.L.348-1995, SEC.4.
IC 27-10-3-7 Renewal; fees; continuing education
Sec. 7. (a) A renewal license shall be issued by the commissioner
to a licensee who:
(1) has continuously maintained a license in effect;
(2) pays a renewal fee of:
(A) six hundred fifty dollars ($650) for bail agents; and
(B) three hundred dollars ($300) for recovery agents;
(3) has fulfilled the continuing education requirement as
required under subsection (b);
(4) satisfactorily completes a renewal examination if required
by the commissioner; and
(5) has in all other respects complied with and been subject to
this article.
(b) A licensee shall complete at least six (6) hours of continuing
education courses that:
(1) are approved under section 7.1 of this chapter; and
(2) apply to the licensee's particular license, including
instruction in the laws that relate to the conduct of a bail agent
or recovery agent;
during each license period. A continuing education course that is
used to fulfill the continuing education requirements for an insurance
producer license under IC 27-1-15.7 may not be used to satisfy the
continuing education requirement set forth in this section.
(c) After the receipt of the licensee's application for renewal, the
current license continues in effect until the renewal license is issued,
suspended, or denied for cause. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.18; P.L.102-2005, SEC.4.
IC 27-10-3-7.1 Continuing education course approval; fees; criteria
Sec. 7.1. (a) A provider of courses required for licensure under
sections 3 and 5 of this chapter or license renewal under section 7 of
this chapter:
(1) shall obtain from the commissioner approval of the courses
and instructors before the courses are conducted;
(2) shall annually pay to the commissioner a reasonable fee, as
determined by the commissioner; and
(3) shall comply with any other requirements established by the
commissioner.
(b) A provider described in subsection (a) may charge a
reasonable fee for attendance at an approved course.
(c) A fee paid under subsection (a)(2) must be:
(1) deposited in the bail bond enforcement and administration
fund created under IC 27-10-5-1; and
(2) used to implement this article.
(d) The commissioner shall:
(1) establish criteria for approval or disapproval of instructors
and courses required for:
(A) licensure under sections 3 and 5 of this chapter; and
(B) license renewal under section 7 of this chapter; and
(2) approve or disapprove instructors and courses specified in
subdivision (1);
that pertain to the duties and responsibilities of a bail agent and
recovery agent, including instruction concerning the laws that relate
to the conduct of a bail agent and recovery agent. As added by P.L.102-2005, SEC.5.
IC 27-10-3-8 Denial, suspension, or revocation of licenses; refusal to renew
Sec. 8. (a) The commissioner shall deny, suspend, revoke, or
refuse to renew any license issued under this article for any of the
following causes:
(1) Any cause for which issuance of the license could have been
refused had it then existed and been known to the
commissioner.
(2) Violation of any laws of this state in the course of dealings
under any license issued the licensee by the commissioner.
(3) Material misstatement, misrepresentation, or fraud in
obtaining the license.
(4) Misappropriation, conversion, or unlawful withholding of
money belonging to insurers or others and received in the
conduct of business under any license issued to the licensee by
the commissioner.
(5) Fraudulent or dishonest practices in the conduct of business
under any license issued to the licensee by the commissioner.
(6) Willful failure to comply with or willful violation of any
proper order or rule of the commissioner.
(7) When, in the judgment of the commissioner, the licensee
has, in the conduct of affairs under the license, demonstrated:
(A) incompetency or untrustworthiness;
(B) conduct or practices rendering the licensee unfit to carry
on the bail bond business or making the licensee's
continuance in such business detrimental to the public
interest;
(C) that the licensee is no longer in good faith carrying on
the bail bond business; or
(D) that the licensee is guilty of rebating, or offering to
rebate, or unlawfully dividing, or offering to divide, the
licensee's commissions in the case of limited surety agents;
and for such reasons is found by the commissioner to be a
source of detriment, injury, or loss to the public.
(8) The listing of the name of the applicant or licensee on the
most recent tax warrant list supplied to the commissioner by the
department of state revenue.
(b) The commissioner shall refuse to:
(1) issue a license; or
(2) renew a license issued;
under this chapter to a person who is the subject of an order issued
by a court under IC 31-14-12-7 or IC 31-16-12-10 (or
IC 31-1-11.5-13(m) or IC 31-6-6.1-16(m) before their repeal).
(c) The commissioner may also levy a civil penalty of not more
than ten thousand dollars ($10,000) for any of the causes listed in
subsection (a). Any civil penalty levied under this subsection may be
enforced in the same manner as a civil judgment.
(d) When a person who holds a license under this chapter enters
a plea of guilty to a disqualifying offense, the commissioner,
immediately upon the court's acceptance of the plea, shall revoke the
person's license. The commissioner shall revoke the license of any
person who is convicted of a disqualifying offense immediately upon
conviction. The pending of sentencing or the pending of an appeal of
a conviction of a disqualifying offense does not stay the revocation
of a license under this subsection. A person convicted of a felony is
not eligible to reapply for a license until ten (10) years from the date
of conviction or release from imprisonment, parole, or probation,
whichever is later. A person convicted of a misdemeanor
disqualifying offense is not eligible to reapply for a license until five
(5) years from the date of conviction or release from imprisonment,
parole, or probation, whichever is later. As added by P.L.261-1985, SEC.1. Amended by P.L.29-1987, SEC.5;
P.L.185-1996, SEC.16; P.L.23-1996, SEC.28; P.L.1-1997, SEC.114.
IC 27-10-3-9 Suspension or revocation of licenses; hearings; witnesses;
attorneys; penalty
Sec. 9. (a) If, after investigation, the commissioner determines
that a licensed bail agent or recovery agent has been guilty of
violating any of the laws of this state relating to bail bonds or has
committed any disqualifying offense, the commissioner shall, upon
ten (10) days notice in writing to:
(1) the bail agent or recovery agent; and
(2) the insurer represented by the bail agent if a surety bail
agent;
accompanied by a copy of the charges of the unlawful conduct of the
bail agent or the recovery agent, suspend the license of the bail agent
or the recovery agent, unless on or before the expiration of the ten
(10) days the bail agent or the recovery agent makes a written
response to the commissioner concerning the charges.
(b) If, after the expiration of ten (10) days and within twenty (20)
days after the expiration of the ten (10) days, the bail agent or the
recovery agent fails to make a written response to the charges, the
commissioner shall suspend or revoke the license of the bail agent or
the recovery agent. If, however, the bail agent or the recovery agent
files a written response denying the charges within the time
specified, the commissioner shall call a hearing within a reasonable
time for the purpose of taking testimony and evidence on any issue
of facts made by the charges and answer.
(c) The commissioner shall give notice to:
(1) the bail agent or the recovery agent; and
(2) the insurer represented by the bail agent if a surety bail
agent;
of the time and place of the hearing. The parties may produce
witnesses and appear personally with or without representation by
counsel.
(d) If, following the hearing, the commissioner determines by a
preponderance of the evidence that the bail agent or the recovery
agent is guilty as alleged in the charges, whether or not convicted in
court, the commissioner shall publish the determination not later than
thirty (30) days after the conclusion of the hearing and shall:
(1) revoke the license of the bail agent or the recovery agent; or
(2) suspend the bail agent for a definite period of time to be
fixed in the order of suspension.
The commissioner may also levy a civil penalty against the bail agent
or the recovery agent that is not more than ten thousand dollars
($10,000). As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.19; P.L.102-2005, SEC.6.
IC 27-10-3-10 Suspension or revocation of licenses; appeals
Sec. 10. An applicant for license as a bail agent or recovery agent
whose:
(1) application has been denied; or
(2) license has been suspended, revoked, or denied renewal by
the commissioner;
may appeal to the circuit court of the county from which the bail
agent or recovery agent applied for the license. The appeal shall be
heard de novo. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.20.
IC 27-10-3-11 Surety bail agents; terminating appointment; premiums owed;
remedies
Sec. 11. (a) An insurer who appoints a surety bail agent in Indiana
shall give notice of the appointment to the commissioner along with
a written application for license for the bail agent. All appointments
are subject to the issuance of a license to the surety bail agent.
(b) If an insurer appoints a surety bail agent under subsection (a),
not later than sixty (60) days after the appointment, the appointee
shall submit to the commissioner an affidavit:
(1) on a form prescribed by the commissioner;
(2) signed by the appointee; and
(3) that states:
(A) whether the appointee owes premiums to a former
insurer or an agency to which the appointee reported on
behalf of a former insurer;
(B) to whom the appointee owes a premium;
(C) the amount of the premium owed; and
(D) whether there is a dispute concerning the premium.
(c) An appointee shall provide a copy of an affidavit submitted
under subsection (b) by certified mail to each of the appointee's
former insurers or agents to which the appointee reported on behalf
of a former insurer in the six (6) years immediately preceding the
appointee's appointment under subsection (a).
(d) Not more than one hundred eighty (180) days after receiving
a copy of an appointee's affidavit provided under subsection (c), a
former insurer or agent that has knowledge that the affidavit is untrue
may file a petition with the commissioner stating that the appointee
still owes a premium to the insurer or agent in violation of
IC 27-10-4-7 and requesting relief. At the same time that the insurer
or agent files the petition with the commissioner, the insurer or agent
shall mail a copy of the petition to the appointee by certified mail.
The appointee may file a response with the commissioner not later
than ten (10) days after the appointee receives the petition.
(e) Upon receipt of the petition and response, if filed, under
subsection (d), the commissioner may conduct an investigation and
institute proceedings in accordance with section 9 of this chapter.
(f) The remedies provided in this section are not the exclusive
remedies available to an insurer or agent. The election of an insurer
or agent to seek a remedy under this section does not preclude the
insurer or agent from seeking other remedies available at law or in
equity, and is not a prerequisite for an insurer or agent to seek other
remedies available at law or in equity.
(g) An insurer that terminates the appointment of a surety bail
agent shall file written notice of the termination with the
commissioner together with a statement that the insurer has given or
mailed notice to the surety bail agent. The notice filed with the
commissioner must state the reasons, if any, for the termination.
Information furnished to the commissioner is confidential and may
not be used as evidence in or a basis for any action against the
insurer or any of the insurer's representatives. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.21; P.L.348-1995, SEC.5; P.L.102-2005, SEC.7.
IC 27-10-3-12 Deposits in accounts of insurers or agents; reports
Sec. 12. All insurers or general agents requiring bail bond agents
to post deposits pursuant to their bail bond writing authority must
maintain those deposits in a bank, savings association, or credit
union in this state. Each insurer or general agent shall report to the
commissioner the location of each agent's account at the time of the
agent's license issuance or renewal. Any change in the location of an
agent's account shall be reported by the insurer or general agent to
the commissioner within thirty (30) days of the change of location. As added by P.L.261-1985, SEC.1. Amended by P.L.79-1998,
SEC.33.
IC 27-10-3-13 Discontinuing business; return of license
Sec. 13. A bail agent who discontinues writing bail bonds during
the period for which the bail agent is licensed shall:
(1) notify the clerks of the circuit court and the sheriffs with
whom the bail agent is registered; and
(2) return the bail agent's license to the commissioner for
cancellation;
within thirty (30) days after the discontinuance. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.22.
IC 27-10-3-14 Recovery agent; use of licensed persons; list
Sec. 14. A person who is licensed as a bail agent may use as a
recovery agent any person who holds a valid recovery agent's license.
A bail agent must, on or before October 1 of each year, furnish to the
commissioner, on a form supplied by the commissioner, a list of all
recovery agents used by the bail agent during the preceding year. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.23.
IC 27-10-3-15 Insurers; deposits; engaging in bail bond business
Sec. 15. All insurers must deposit with the commissioner cash,
United States treasury notes, or bonds in bearer form with coupons
attached having a par value of at least seventy-five thousand dollars
($75,000) in order to obtain a license to engage in the bail bond
business, out of which the commissioner shall satisfy judgment on all
forfeitures which have not been paid. Such deposit shall be subject
to all laws and rules as are deposits by domestic insurance
companies. As added by P.L.261-1985, SEC.1. Amended by P.L.255-1995,
SEC.12.
IC 27-10-3-16
Repealed
(Repealed by P.L.224-1993, SEC.32.)
IC 27-10-3-17 Registration of licenses; power of attorney
Sec. 17. (a) A bail agent may not become a surety on an
undertaking unless the bail agent has registered the bail agent's
license in the office of the sheriff and with the clerk of the circuit
court in the county in which the bail agent resides. The bail agent
may then become a surety on an undertaking in any other county
upon filing a copy of the bail agent's license in the office of the
sheriff and with the clerk of the circuit court in the other county. A
surety bail agent must also file an original qualifying power of
attorney signed by the bail agent and attached to a specimen bail
bond with the clerk of the circuit court and file a copy of the
qualifying power of attorney with the office of the sheriff. The clerk
of the circuit court and the sheriff may not permit the registration of
a bail agent unless the bail agent is currently licensed by the
commissioner under this article.
(b) A recovery agent may not perform the recovery agent's duties
unless the recovery agent has registered the recovery agent's license
within fifteen (15) days of issuance or any renewal in the office of
the sheriff and with the clerk of the circuit court in the county where
the recovery agent resides. The clerk of the circuit court and the
sheriff may not permit a registration unless the recovery agent is
properly licensed by the commissioner under this article. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.24; P.L.348-1995, SEC.6.
IC 27-10-3-18 Access to jails
Sec. 18. A person who holds a valid bail agent's license issued by
the insurance commissioner and registered as required in section 17
of this chapter may have equal access to the jails of this state for the
purpose of making bond, subject to this article and rules adopted
under this article. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.25.
IC 27-10-3-19 Duty of commissioner upon receipt of support order; reinstatement
Sec. 19. (a) Upon receiving an order of a court issued under
IC 31-14-12-7 or IC 31-16-12-10 (or IC 31-1-11.5-13(m) or
IC 31-6-6.1-16(m) before their repeal), the commissioner shall:
(1) suspend a license issued under this chapter to any person
who is the subject of the order; and
(2) promptly mail a notice to the last known address of the
person who is the subject of the order, stating the following:
(A) That the person's license is suspended beginning five (5)
business days after the date the notice is mailed, and that the
suspension will terminate not earlier than ten (10) business
days after the commissioner receives an order allowing
reinstatement from the court that issued the suspension
order.
(B) That the person has the right to petition for reinstatement
of a license issued under this chapter to the court that issued
the order for suspension.
(b) The commissioner shall not reinstate a license suspended
under subsection (a) until the commissioner receives an order
allowing reinstatement from the court that issued the order for
suspension. As added by P.L.23-1996, SEC.29. Amended by P.L.1-1997,
SEC.115.
IC 27-10-3-20 Notice; probationary status; appeal; reinstatement
Sec. 20. (a) Upon receiving an order from the bureau (Title IV-D
agency) under IC 31-25-4-32(i), the commissioner shall send to the
person who is the subject of the order a notice that does the
following:
(1) States that the person is delinquent and is subject to an order
placing the person on probationary status.
(2) Explains that unless the person contacts the bureau and:
(A) pays the person's child support arrearage in full;
(B) establishes a payment plan with the bureau to pay the
arrearage, which must include an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5; or
(C) requests a hearing under IC 31-25-4-33;
within twenty (20) days after the date the notice is mailed, the
commissioner shall place the person on probationary status with
respect to any license issued to the person under this chapter.
(3) Explains that the person may contest the bureau's
determination that the person is delinquent and subject to an
order placing the person on probationary status by making
written application to the bureau within twenty (20) days after
the date the notice is mailed.
(4) Explains that the only basis for contesting the bureau's
determination that the person is delinquent and subject to an
order placing the person on probationary status is a mistake of
fact.
(5) Explains the procedures to:
(A) pay the person's child support arrearage in full;
(B) establish a payment plan with the bureau to pay the
arrearage, which must include an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5; and
(C) request a hearing under IC 31-25-4-33.
(6) Explains that the probation will terminate ten (10) business
days after the commissioner receives a notice from the bureau
that the person has:
(A) paid the person's child support arrearage in full; or
(B) established a payment plan with the bureau to pay the
arrearage, which includes an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5.
(b) Upon receiving an order from the bureau (Title IV-D agency)
under IC 31-25-4-34(d), the commissioner shall send to the person
who is the subject of the order a notice that states the following:
(1) That a license issued to the person under this chapter has
been placed on probationary status, beginning five (5) business
days after the date the notice is mailed, and that the probation
will terminate ten (10) business days after the commissioner
receives a notice from the bureau that the person has:
(A) paid the person's child support arrearage in full; or
(B) established a payment plan with the bureau to pay the
arrearage, which includes an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5.
(2) That if the commissioner is advised by the bureau that the
person whose license has been placed on probationary status
has failed to:
(A) pay the person's child support arrearage in full; or
(B) establish a payment plan with the bureau to pay the
arrearage, which includes an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5;
within twenty (20) days after the date the notice is mailed, the
commissioner shall suspend the person's license.
(c) If the commissioner receives a notice from the bureau (Title
IV-D agency) under IC 31-25-4-32(i) that the person whose license
has been placed on probationary status has failed to:
(1) pay the person's child support arrearage in full; or
(2) establish a payment plan with the bureau to pay the
arrearage, which includes an income withholding order under
IC 31-16-15-2 or IC 31-16-15-2.5;
within twenty (20) days after the notice required under subsection (b)
is mailed, the commissioner shall suspend the person's license.
(d) The commissioner may not reinstate any license placed on
probation or suspended under this section until the commissioner
receives a notice from the bureau that the person has:
(1) paid the person's child support arrearage in full; or
(2) established a payment plan with the bureau to pay the
arrearage, which includes an income withholding order under
IC 31-16-15-2 or IC 31-16-15-2.5. As added by P.L.23-1996, SEC.30. Amended by P.L.1-1997,
SEC.116; P.L.145-2006, SEC.167; P.L.103-2007, SEC.9.
IC 27-10-3-21 Rules
Sec. 21. The department may adopt rules under IC 4-22-2 to
implement this chapter. As added by P.L.102-2005, SEC.8.
IC 27-10-3-1 Bail agent and recovery agent; licenses; qualifications
Sec. 1. (a) A person may not act in the capacity of a bail agent or
recovery agent or perform any of the functions, duties, or powers
prescribed for bail agents or recovery agents under this article unless
the person is qualified and licensed as provided in this article.
However, none of the terms of this section shall prohibit any
individual or individuals from:
(1) pledging real or other property as security for a bail bond in
judicial proceedings and where the individual does not receive,
or is not promised, money or other things of value; or
(2) executing any bail bond for an insurer, pursuant to a bail
bond service agreement entered into between the insurer and
any automobile club or association, financing institution,
insurance company, or other organization or association, and on
behalf of a person required to furnish bail in connection with
any violation of law arising out of the use of a motor vehicle.
(b) A license:
(1) may not be issued except in compliance with this article;
and
(2) may only be issued to an individual.
However, upon an affirmative showing to the commissioner in
writing by an individual that the individual is an all lines fire and
casualty insurance producer, a surety bail agent license shall be
issued to the individual without further qualification or fee to
represent an insurer the individual is licensed to represent. The
individual shall be subject to and governed by laws and rules relating
to bail agents when engaged in the activities of a bail agent.
(c) A firm, a partnership, an association, a limited liability
company, or a corporation may not be licensed.
(d) The applicant must apply in writing, on forms prepared and
supplied by the commissioner, and the commissioner may propound
any reasonable interrogatories to an applicant for a license under this
article or on any renewal of a license relating to the applicant's
qualifications, residence, prospective place of business, and any
other matters which, in the opinion of the commissioner, are deemed
necessary or expedient in order to protect the public and ascertain the
qualifications of the applicant. The commissioner may also conduct
any reasonable inquiry or investigation the commissioner sees fit,
relative to the determination of the applicant's fitness to be licensed
or to continue to be licensed.
(e) The failure of the applicant to secure approval of the
commissioner shall not preclude the applicant from applying as many
times as the applicant desires. However, an applicant's application
may not be considered by the commissioner within one (1) year
subsequent to the date upon which the commissioner denied the
applicant's last application.
As added by P.L.261-1985, SEC.1. Amended by P.L.8-1993,
SEC.434; P.L.224-1993, SEC.12; P.L.1-1994, SEC.140;
P.L.178-2003, SEC.81.
IC 27-10-3-2 Expiration of licenses; renewal; reinstatement
Sec. 2. (a) All licenses issued expire two (2) years after the end of
the month of issue based on the schedule set forth in subsection (b)
unless the licensee is on probation or the licensee's license was
revoked or suspended before that date by the commissioner or upon
notice served upon the commissioner that the insurer or employer of
any recovery agent has canceled the licensee's authority to act for the
insurer or employer.
(b) A license must be renewed under this article according to the
following schedule:
(1) A licensee whose last name commences with the letters A
through H shall renew a license before the last day of August
every other calendar year beginning August 1993.
(2) A licensee whose last name commences with the letters I
through R shall renew a license before the last day of
September every other calendar year beginning September
1993.
(3) A licensee whose last name commences with the letters S
through Z shall renew a license before the last day of October
every other calendar year beginning October 1993.
(c) A licensee who is issued a new license with not more than one
(1) year remaining shall pay fifty percent (50%) of the fee set forth
in section 4 of this chapter.
(d) A license that has expired may be reinstated if:
(1) the licensee:
(A) applies for reinstatement not more than ninety (90) days
after the expiration date;
(B) is not on probation;
(C) has not previously been denied a license;
(D) pays:
(i) a pro rata part of the license fee required under section
7 of this chapter based on the renewal schedule set forth in
subsection (b); plus
(ii) to the commissioner a license reinstatement fee of one
hundred dollars ($100); and
(E) meets all other requirements for licensure; and
(2) the license was not revoked or suspended at the time that the
license expired. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.13; P.L.1-1994, SEC.141; P.L.102-2005, SEC.1.
IC 27-10-3-3 Applications; qualifications
Sec. 3. (a) The application for license, in addition to the matters
set out in section 1 of this chapter, to serve as a bail agent must
affirmatively show that:
(1) the applicant is at least eighteen (18) years of age and is of
good moral character;
(2) the applicant has never been convicted of a disqualifying
offense, notwithstanding IC 25-1-1.1, or:
(A) in the case of a felony conviction, at least ten (10) years
have passed since the date of the applicant's conviction or
release from imprisonment, parole, or probation, whichever
is later; or
(B) in the case of a misdemeanor disqualifying offense, at
least five (5) years have passed since the date of the
applicant's conviction or release from imprisonment, parole,
or probation, whichever is later;
(3) the applicant has knowledge or experience in the bail bond
business, or has held a valid all lines fire and casualty insurance
producer's license for one (1) year within the last five (5) years,
or has been employed by a company engaged in writing bail
bonds in which field the applicant has actively engaged for at
least one (1) year of the last five (5) years; and
(4) the applicant has completed at least twelve (12) hours of
instruction in courses approved by the commissioner under
section 7.1 of this chapter that pertain to the duties and
responsibilities of a bail agent or recovery agent, including
instruction in the laws that relate to the conduct of a bail agent
or recovery agent.
(b) The application must affirmatively show that the applicant has
been a bona fide resident of Indiana for one (1) year immediately
preceding the date of application. However, the commissioner may
waive this requirement. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.14; P.L.178-2003, SEC.82; P.L.102-2005, SEC.2.
IC 27-10-3-4 Examination; fees; fingerprints and photographs
Sec. 4. (a) A license fee of six hundred fifty dollars ($650) and an
examination fee of one hundred dollars ($100) must be submitted to
the commissioner with each application for the issuance of a bail
agent's license.
(b) An applicant for a bail agent's license must also furnish with
the application a complete set of the applicant's fingerprints and a
recent credential-size full face photograph of the applicant. The
applicant's fingerprints must be certified by an authorized law
enforcement officer. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.15.
IC 27-10-3-5 Recovery agent; additional licensing requirements; fees;
fingerprints and photographs
Sec. 5. In addition to the requirements prescribed in section 1 of
this chapter, an applicant for a license to serve as a recovery agent
must affirmatively show that:
(1) the applicant is at least eighteen (18) years of age;
(2) the applicant is a citizen of the United States and has been
a bona fide resident of this state for more than six (6) months
immediately preceding the date of application;
(3) the applicant has never been convicted of a disqualifying
offense, notwithstanding IC 25-1-1.1, or:
(A) in the case of a felony conviction, at least ten (10) years
have passed since the date of the applicant's conviction or
release from imprisonment, parole, or probation, whichever
is later; or
(B) in the case of a misdemeanor disqualifying offense, at
least five (5) years have passed since the date of the
applicant's conviction or release from imprisonment, parole,
or probation, whichever is later; and
(4) the applicant has completed at least twelve (12) hours of
instruction in courses approved by the commissioner under
section 7.1 of this chapter that pertain to the duties and
responsibilities of a bail agent or recovery agent, including
instruction in the laws that relate to the conduct of a bail agent
or recovery agent.
A license fee of three hundred dollars ($300) and an examination fee
of one hundred dollars ($100) shall be submitted to the commissioner
with each application, together with the applicant's fingerprints and
photograph. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.16; P.L.102-2005, SEC.3.
IC 27-10-3-6 Examination; application
Sec. 6. (a) The applicant for a bail agent's or recovery agent's
license shall be required to appear in person and take a written
examination prepared by the commissioner testing the applicant's
ability and qualifications to be a bail agent or recovery agent.
(b) An applicant is eligible for examination after the date the
application is received by the commissioner, if the commissioner is
satisfied as to the applicant's fitness to take the examination.
Examinations shall be held at times and places designated by the
commissioner, and an applicant shall be given notice of a time and
place not less than fifteen (15) days prior to taking the examination.
(c) The failure of an applicant to pass an examination may not
preclude the applicant from taking subsequent examinations. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.17; P.L.348-1995, SEC.4.
IC 27-10-3-7 Renewal; fees; continuing education
Sec. 7. (a) A renewal license shall be issued by the commissioner
to a licensee who:
(1) has continuously maintained a license in effect;
(2) pays a renewal fee of:
(A) six hundred fifty dollars ($650) for bail agents; and
(B) three hundred dollars ($300) for recovery agents;
(3) has fulfilled the continuing education requirement as
required under subsection (b);
(4) satisfactorily completes a renewal examination if required
by the commissioner; and
(5) has in all other respects complied with and been subject to
this article.
(b) A licensee shall complete at least six (6) hours of continuing
education courses that:
(1) are approved under section 7.1 of this chapter; and
(2) apply to the licensee's particular license, including
instruction in the laws that relate to the conduct of a bail agent
or recovery agent;
during each license period. A continuing education course that is
used to fulfill the continuing education requirements for an insurance
producer license under IC 27-1-15.7 may not be used to satisfy the
continuing education requirement set forth in this section.
(c) After the receipt of the licensee's application for renewal, the
current license continues in effect until the renewal license is issued,
suspended, or denied for cause. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.18; P.L.102-2005, SEC.4.
IC 27-10-3-7.1 Continuing education course approval; fees; criteria
Sec. 7.1. (a) A provider of courses required for licensure under
sections 3 and 5 of this chapter or license renewal under section 7 of
this chapter:
(1) shall obtain from the commissioner approval of the courses
and instructors before the courses are conducted;
(2) shall annually pay to the commissioner a reasonable fee, as
determined by the commissioner; and
(3) shall comply with any other requirements established by the
commissioner.
(b) A provider described in subsection (a) may charge a
reasonable fee for attendance at an approved course.
(c) A fee paid under subsection (a)(2) must be:
(1) deposited in the bail bond enforcement and administration
fund created under IC 27-10-5-1; and
(2) used to implement this article.
(d) The commissioner shall:
(1) establish criteria for approval or disapproval of instructors
and courses required for:
(A) licensure under sections 3 and 5 of this chapter; and
(B) license renewal under section 7 of this chapter; and
(2) approve or disapprove instructors and courses specified in
subdivision (1);
that pertain to the duties and responsibilities of a bail agent and
recovery agent, including instruction concerning the laws that relate
to the conduct of a bail agent and recovery agent. As added by P.L.102-2005, SEC.5.
IC 27-10-3-8 Denial, suspension, or revocation of licenses; refusal to renew
Sec. 8. (a) The commissioner shall deny, suspend, revoke, or
refuse to renew any license issued under this article for any of the
following causes:
(1) Any cause for which issuance of the license could have been
refused had it then existed and been known to the
commissioner.
(2) Violation of any laws of this state in the course of dealings
under any license issued the licensee by the commissioner.
(3) Material misstatement, misrepresentation, or fraud in
obtaining the license.
(4) Misappropriation, conversion, or unlawful withholding of
money belonging to insurers or others and received in the
conduct of business under any license issued to the licensee by
the commissioner.
(5) Fraudulent or dishonest practices in the conduct of business
under any license issued to the licensee by the commissioner.
(6) Willful failure to comply with or willful violation of any
proper order or rule of the commissioner.
(7) When, in the judgment of the commissioner, the licensee
has, in the conduct of affairs under the license, demonstrated:
(A) incompetency or untrustworthiness;
(B) conduct or practices rendering the licensee unfit to carry
on the bail bond business or making the licensee's
continuance in such business detrimental to the public
interest;
(C) that the licensee is no longer in good faith carrying on
the bail bond business; or
(D) that the licensee is guilty of rebating, or offering to
rebate, or unlawfully dividing, or offering to divide, the
licensee's commissions in the case of limited surety agents;
and for such reasons is found by the commissioner to be a
source of detriment, injury, or loss to the public.
(8) The listing of the name of the applicant or licensee on the
most recent tax warrant list supplied to the commissioner by the
department of state revenue.
(b) The commissioner shall refuse to:
(1) issue a license; or
(2) renew a license issued;
under this chapter to a person who is the subject of an order issued
by a court under IC 31-14-12-7 or IC 31-16-12-10 (or
IC 31-1-11.5-13(m) or IC 31-6-6.1-16(m) before their repeal).
(c) The commissioner may also levy a civil penalty of not more
than ten thousand dollars ($10,000) for any of the causes listed in
subsection (a). Any civil penalty levied under this subsection may be
enforced in the same manner as a civil judgment.
(d) When a person who holds a license under this chapter enters
a plea of guilty to a disqualifying offense, the commissioner,
immediately upon the court's acceptance of the plea, shall revoke the
person's license. The commissioner shall revoke the license of any
person who is convicted of a disqualifying offense immediately upon
conviction. The pending of sentencing or the pending of an appeal of
a conviction of a disqualifying offense does not stay the revocation
of a license under this subsection. A person convicted of a felony is
not eligible to reapply for a license until ten (10) years from the date
of conviction or release from imprisonment, parole, or probation,
whichever is later. A person convicted of a misdemeanor
disqualifying offense is not eligible to reapply for a license until five
(5) years from the date of conviction or release from imprisonment,
parole, or probation, whichever is later. As added by P.L.261-1985, SEC.1. Amended by P.L.29-1987, SEC.5;
P.L.185-1996, SEC.16; P.L.23-1996, SEC.28; P.L.1-1997, SEC.114.
IC 27-10-3-9 Suspension or revocation of licenses; hearings; witnesses;
attorneys; penalty
Sec. 9. (a) If, after investigation, the commissioner determines
that a licensed bail agent or recovery agent has been guilty of
violating any of the laws of this state relating to bail bonds or has
committed any disqualifying offense, the commissioner shall, upon
ten (10) days notice in writing to:
(1) the bail agent or recovery agent; and
(2) the insurer represented by the bail agent if a surety bail
agent;
accompanied by a copy of the charges of the unlawful conduct of the
bail agent or the recovery agent, suspend the license of the bail agent
or the recovery agent, unless on or before the expiration of the ten
(10) days the bail agent or the recovery agent makes a written
response to the commissioner concerning the charges.
(b) If, after the expiration of ten (10) days and within twenty (20)
days after the expiration of the ten (10) days, the bail agent or the
recovery agent fails to make a written response to the charges, the
commissioner shall suspend or revoke the license of the bail agent or
the recovery agent. If, however, the bail agent or the recovery agent
files a written response denying the charges within the time
specified, the commissioner shall call a hearing within a reasonable
time for the purpose of taking testimony and evidence on any issue
of facts made by the charges and answer.
(c) The commissioner shall give notice to:
(1) the bail agent or the recovery agent; and
(2) the insurer represented by the bail agent if a surety bail
agent;
of the time and place of the hearing. The parties may produce
witnesses and appear personally with or without representation by
counsel.
(d) If, following the hearing, the commissioner determines by a
preponderance of the evidence that the bail agent or the recovery
agent is guilty as alleged in the charges, whether or not convicted in
court, the commissioner shall publish the determination not later than
thirty (30) days after the conclusion of the hearing and shall:
(1) revoke the license of the bail agent or the recovery agent; or
(2) suspend the bail agent for a definite period of time to be
fixed in the order of suspension.
The commissioner may also levy a civil penalty against the bail agent
or the recovery agent that is not more than ten thousand dollars
($10,000). As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.19; P.L.102-2005, SEC.6.
IC 27-10-3-10 Suspension or revocation of licenses; appeals
Sec. 10. An applicant for license as a bail agent or recovery agent
whose:
(1) application has been denied; or
(2) license has been suspended, revoked, or denied renewal by
the commissioner;
may appeal to the circuit court of the county from which the bail
agent or recovery agent applied for the license. The appeal shall be
heard de novo. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.20.
IC 27-10-3-11 Surety bail agents; terminating appointment; premiums owed;
remedies
Sec. 11. (a) An insurer who appoints a surety bail agent in Indiana
shall give notice of the appointment to the commissioner along with
a written application for license for the bail agent. All appointments
are subject to the issuance of a license to the surety bail agent.
(b) If an insurer appoints a surety bail agent under subsection (a),
not later than sixty (60) days after the appointment, the appointee
shall submit to the commissioner an affidavit:
(1) on a form prescribed by the commissioner;
(2) signed by the appointee; and
(3) that states:
(A) whether the appointee owes premiums to a former
insurer or an agency to which the appointee reported on
behalf of a former insurer;
(B) to whom the appointee owes a premium;
(C) the amount of the premium owed; and
(D) whether there is a dispute concerning the premium.
(c) An appointee shall provide a copy of an affidavit submitted
under subsection (b) by certified mail to each of the appointee's
former insurers or agents to which the appointee reported on behalf
of a former insurer in the six (6) years immediately preceding the
appointee's appointment under subsection (a).
(d) Not more than one hundred eighty (180) days after receiving
a copy of an appointee's affidavit provided under subsection (c), a
former insurer or agent that has knowledge that the affidavit is untrue
may file a petition with the commissioner stating that the appointee
still owes a premium to the insurer or agent in violation of
IC 27-10-4-7 and requesting relief. At the same time that the insurer
or agent files the petition with the commissioner, the insurer or agent
shall mail a copy of the petition to the appointee by certified mail.
The appointee may file a response with the commissioner not later
than ten (10) days after the appointee receives the petition.
(e) Upon receipt of the petition and response, if filed, under
subsection (d), the commissioner may conduct an investigation and
institute proceedings in accordance with section 9 of this chapter.
(f) The remedies provided in this section are not the exclusive
remedies available to an insurer or agent. The election of an insurer
or agent to seek a remedy under this section does not preclude the
insurer or agent from seeking other remedies available at law or in
equity, and is not a prerequisite for an insurer or agent to seek other
remedies available at law or in equity.
(g) An insurer that terminates the appointment of a surety bail
agent shall file written notice of the termination with the
commissioner together with a statement that the insurer has given or
mailed notice to the surety bail agent. The notice filed with the
commissioner must state the reasons, if any, for the termination.
Information furnished to the commissioner is confidential and may
not be used as evidence in or a basis for any action against the
insurer or any of the insurer's representatives. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.21; P.L.348-1995, SEC.5; P.L.102-2005, SEC.7.
IC 27-10-3-12 Deposits in accounts of insurers or agents; reports
Sec. 12. All insurers or general agents requiring bail bond agents
to post deposits pursuant to their bail bond writing authority must
maintain those deposits in a bank, savings association, or credit
union in this state. Each insurer or general agent shall report to the
commissioner the location of each agent's account at the time of the
agent's license issuance or renewal. Any change in the location of an
agent's account shall be reported by the insurer or general agent to
the commissioner within thirty (30) days of the change of location. As added by P.L.261-1985, SEC.1. Amended by P.L.79-1998,
SEC.33.
IC 27-10-3-13 Discontinuing business; return of license
Sec. 13. A bail agent who discontinues writing bail bonds during
the period for which the bail agent is licensed shall:
(1) notify the clerks of the circuit court and the sheriffs with
whom the bail agent is registered; and
(2) return the bail agent's license to the commissioner for
cancellation;
within thirty (30) days after the discontinuance. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.22.
IC 27-10-3-14 Recovery agent; use of licensed persons; list
Sec. 14. A person who is licensed as a bail agent may use as a
recovery agent any person who holds a valid recovery agent's license.
A bail agent must, on or before October 1 of each year, furnish to the
commissioner, on a form supplied by the commissioner, a list of all
recovery agents used by the bail agent during the preceding year. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.23.
IC 27-10-3-15 Insurers; deposits; engaging in bail bond business
Sec. 15. All insurers must deposit with the commissioner cash,
United States treasury notes, or bonds in bearer form with coupons
attached having a par value of at least seventy-five thousand dollars
($75,000) in order to obtain a license to engage in the bail bond
business, out of which the commissioner shall satisfy judgment on all
forfeitures which have not been paid. Such deposit shall be subject
to all laws and rules as are deposits by domestic insurance
companies. As added by P.L.261-1985, SEC.1. Amended by P.L.255-1995,
SEC.12.
IC 27-10-3-16
Repealed
(Repealed by P.L.224-1993, SEC.32.)
IC 27-10-3-17 Registration of licenses; power of attorney
Sec. 17. (a) A bail agent may not become a surety on an
undertaking unless the bail agent has registered the bail agent's
license in the office of the sheriff and with the clerk of the circuit
court in the county in which the bail agent resides. The bail agent
may then become a surety on an undertaking in any other county
upon filing a copy of the bail agent's license in the office of the
sheriff and with the clerk of the circuit court in the other county. A
surety bail agent must also file an original qualifying power of
attorney signed by the bail agent and attached to a specimen bail
bond with the clerk of the circuit court and file a copy of the
qualifying power of attorney with the office of the sheriff. The clerk
of the circuit court and the sheriff may not permit the registration of
a bail agent unless the bail agent is currently licensed by the
commissioner under this article.
(b) A recovery agent may not perform the recovery agent's duties
unless the recovery agent has registered the recovery agent's license
within fifteen (15) days of issuance or any renewal in the office of
the sheriff and with the clerk of the circuit court in the county where
the recovery agent resides. The clerk of the circuit court and the
sheriff may not permit a registration unless the recovery agent is
properly licensed by the commissioner under this article. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.24; P.L.348-1995, SEC.6.
IC 27-10-3-18 Access to jails
Sec. 18. A person who holds a valid bail agent's license issued by
the insurance commissioner and registered as required in section 17
of this chapter may have equal access to the jails of this state for the
purpose of making bond, subject to this article and rules adopted
under this article. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.25.
IC 27-10-3-19 Duty of commissioner upon receipt of support order; reinstatement
Sec. 19. (a) Upon receiving an order of a court issued under
IC 31-14-12-7 or IC 31-16-12-10 (or IC 31-1-11.5-13(m) or
IC 31-6-6.1-16(m) before their repeal), the commissioner shall:
(1) suspend a license issued under this chapter to any person
who is the subject of the order; and
(2) promptly mail a notice to the last known address of the
person who is the subject of the order, stating the following:
(A) That the person's license is suspended beginning five (5)
business days after the date the notice is mailed, and that the
suspension will terminate not earlier than ten (10) business
days after the commissioner receives an order allowing
reinstatement from the court that issued the suspension
order.
(B) That the person has the right to petition for reinstatement
of a license issued under this chapter to the court that issued
the order for suspension.
(b) The commissioner shall not reinstate a license suspended
under subsection (a) until the commissioner receives an order
allowing reinstatement from the court that issued the order for
suspension. As added by P.L.23-1996, SEC.29. Amended by P.L.1-1997,
SEC.115.
IC 27-10-3-20 Notice; probationary status; appeal; reinstatement
Sec. 20. (a) Upon receiving an order from the bureau (Title IV-D
agency) under IC 31-25-4-32(i), the commissioner shall send to the
person who is the subject of the order a notice that does the
following:
(1) States that the person is delinquent and is subject to an order
placing the person on probationary status.
(2) Explains that unless the person contacts the bureau and:
(A) pays the person's child support arrearage in full;
(B) establishes a payment plan with the bureau to pay the
arrearage, which must include an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5; or
(C) requests a hearing under IC 31-25-4-33;
within twenty (20) days after the date the notice is mailed, the
commissioner shall place the person on probationary status with
respect to any license issued to the person under this chapter.
(3) Explains that the person may contest the bureau's
determination that the person is delinquent and subject to an
order placing the person on probationary status by making
written application to the bureau within twenty (20) days after
the date the notice is mailed.
(4) Explains that the only basis for contesting the bureau's
determination that the person is delinquent and subject to an
order placing the person on probationary status is a mistake of
fact.
(5) Explains the procedures to:
(A) pay the person's child support arrearage in full;
(B) establish a payment plan with the bureau to pay the
arrearage, which must include an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5; and
(C) request a hearing under IC 31-25-4-33.
(6) Explains that the probation will terminate ten (10) business
days after the commissioner receives a notice from the bureau
that the person has:
(A) paid the person's child support arrearage in full; or
(B) established a payment plan with the bureau to pay the
arrearage, which includes an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5.
(b) Upon receiving an order from the bureau (Title IV-D agency)
under IC 31-25-4-34(d), the commissioner shall send to the person
who is the subject of the order a notice that states the following:
(1) That a license issued to the person under this chapter has
been placed on probationary status, beginning five (5) business
days after the date the notice is mailed, and that the probation
will terminate ten (10) business days after the commissioner
receives a notice from the bureau that the person has:
(A) paid the person's child support arrearage in full; or
(B) established a payment plan with the bureau to pay the
arrearage, which includes an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5.
(2) That if the commissioner is advised by the bureau that the
person whose license has been placed on probationary status
has failed to:
(A) pay the person's child support arrearage in full; or
(B) establish a payment plan with the bureau to pay the
arrearage, which includes an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5;
within twenty (20) days after the date the notice is mailed, the
commissioner shall suspend the person's license.
(c) If the commissioner receives a notice from the bureau (Title
IV-D agency) under IC 31-25-4-32(i) that the person whose license
has been placed on probationary status has failed to:
(1) pay the person's child support arrearage in full; or
(2) establish a payment plan with the bureau to pay the
arrearage, which includes an income withholding order under
IC 31-16-15-2 or IC 31-16-15-2.5;
within twenty (20) days after the notice required under subsection (b)
is mailed, the commissioner shall suspend the person's license.
(d) The commissioner may not reinstate any license placed on
probation or suspended under this section until the commissioner
receives a notice from the bureau that the person has:
(1) paid the person's child support arrearage in full; or
(2) established a payment plan with the bureau to pay the
arrearage, which includes an income withholding order under
IC 31-16-15-2 or IC 31-16-15-2.5. As added by P.L.23-1996, SEC.30. Amended by P.L.1-1997,
SEC.116; P.L.145-2006, SEC.167; P.L.103-2007, SEC.9.
IC 27-10-3-21 Rules
Sec. 21. The department may adopt rules under IC 4-22-2 to
implement this chapter. As added by P.L.102-2005, SEC.8.
IC 27-10-3-1 Bail agent and recovery agent; licenses; qualifications
Sec. 1. (a) A person may not act in the capacity of a bail agent or
recovery agent or perform any of the functions, duties, or powers
prescribed for bail agents or recovery agents under this article unless
the person is qualified and licensed as provided in this article.
However, none of the terms of this section shall prohibit any
individual or individuals from:
(1) pledging real or other property as security for a bail bond in
judicial proceedings and where the individual does not receive,
or is not promised, money or other things of value; or
(2) executing any bail bond for an insurer, pursuant to a bail
bond service agreement entered into between the insurer and
any automobile club or association, financing institution,
insurance company, or other organization or association, and on
behalf of a person required to furnish bail in connection with
any violation of law arising out of the use of a motor vehicle.
(b) A license:
(1) may not be issued except in compliance with this article;
and
(2) may only be issued to an individual.
However, upon an affirmative showing to the commissioner in
writing by an individual that the individual is an all lines fire and
casualty insurance producer, a surety bail agent license shall be
issued to the individual without further qualification or fee to
represent an insurer the individual is licensed to represent. The
individual shall be subject to and governed by laws and rules relating
to bail agents when engaged in the activities of a bail agent.
(c) A firm, a partnership, an association, a limited liability
company, or a corporation may not be licensed.
(d) The applicant must apply in writing, on forms prepared and
supplied by the commissioner, and the commissioner may propound
any reasonable interrogatories to an applicant for a license under this
article or on any renewal of a license relating to the applicant's
qualifications, residence, prospective place of business, and any
other matters which, in the opinion of the commissioner, are deemed
necessary or expedient in order to protect the public and ascertain the
qualifications of the applicant. The commissioner may also conduct
any reasonable inquiry or investigation the commissioner sees fit,
relative to the determination of the applicant's fitness to be licensed
or to continue to be licensed.
(e) The failure of the applicant to secure approval of the
commissioner shall not preclude the applicant from applying as many
times as the applicant desires. However, an applicant's application
may not be considered by the commissioner within one (1) year
subsequent to the date upon which the commissioner denied the
applicant's last application.
As added by P.L.261-1985, SEC.1. Amended by P.L.8-1993,
SEC.434; P.L.224-1993, SEC.12; P.L.1-1994, SEC.140;
P.L.178-2003, SEC.81.
IC 27-10-3-2 Expiration of licenses; renewal; reinstatement
Sec. 2. (a) All licenses issued expire two (2) years after the end of
the month of issue based on the schedule set forth in subsection (b)
unless the licensee is on probation or the licensee's license was
revoked or suspended before that date by the commissioner or upon
notice served upon the commissioner that the insurer or employer of
any recovery agent has canceled the licensee's authority to act for the
insurer or employer.
(b) A license must be renewed under this article according to the
following schedule:
(1) A licensee whose last name commences with the letters A
through H shall renew a license before the last day of August
every other calendar year beginning August 1993.
(2) A licensee whose last name commences with the letters I
through R shall renew a license before the last day of
September every other calendar year beginning September
1993.
(3) A licensee whose last name commences with the letters S
through Z shall renew a license before the last day of October
every other calendar year beginning October 1993.
(c) A licensee who is issued a new license with not more than one
(1) year remaining shall pay fifty percent (50%) of the fee set forth
in section 4 of this chapter.
(d) A license that has expired may be reinstated if:
(1) the licensee:
(A) applies for reinstatement not more than ninety (90) days
after the expiration date;
(B) is not on probation;
(C) has not previously been denied a license;
(D) pays:
(i) a pro rata part of the license fee required under section
7 of this chapter based on the renewal schedule set forth in
subsection (b); plus
(ii) to the commissioner a license reinstatement fee of one
hundred dollars ($100); and
(E) meets all other requirements for licensure; and
(2) the license was not revoked or suspended at the time that the
license expired. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.13; P.L.1-1994, SEC.141; P.L.102-2005, SEC.1.
IC 27-10-3-3 Applications; qualifications
Sec. 3. (a) The application for license, in addition to the matters
set out in section 1 of this chapter, to serve as a bail agent must
affirmatively show that:
(1) the applicant is at least eighteen (18) years of age and is of
good moral character;
(2) the applicant has never been convicted of a disqualifying
offense, notwithstanding IC 25-1-1.1, or:
(A) in the case of a felony conviction, at least ten (10) years
have passed since the date of the applicant's conviction or
release from imprisonment, parole, or probation, whichever
is later; or
(B) in the case of a misdemeanor disqualifying offense, at
least five (5) years have passed since the date of the
applicant's conviction or release from imprisonment, parole,
or probation, whichever is later;
(3) the applicant has knowledge or experience in the bail bond
business, or has held a valid all lines fire and casualty insurance
producer's license for one (1) year within the last five (5) years,
or has been employed by a company engaged in writing bail
bonds in which field the applicant has actively engaged for at
least one (1) year of the last five (5) years; and
(4) the applicant has completed at least twelve (12) hours of
instruction in courses approved by the commissioner under
section 7.1 of this chapter that pertain to the duties and
responsibilities of a bail agent or recovery agent, including
instruction in the laws that relate to the conduct of a bail agent
or recovery agent.
(b) The application must affirmatively show that the applicant has
been a bona fide resident of Indiana for one (1) year immediately
preceding the date of application. However, the commissioner may
waive this requirement. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.14; P.L.178-2003, SEC.82; P.L.102-2005, SEC.2.
IC 27-10-3-4 Examination; fees; fingerprints and photographs
Sec. 4. (a) A license fee of six hundred fifty dollars ($650) and an
examination fee of one hundred dollars ($100) must be submitted to
the commissioner with each application for the issuance of a bail
agent's license.
(b) An applicant for a bail agent's license must also furnish with
the application a complete set of the applicant's fingerprints and a
recent credential-size full face photograph of the applicant. The
applicant's fingerprints must be certified by an authorized law
enforcement officer. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.15.
IC 27-10-3-5 Recovery agent; additional licensing requirements; fees;
fingerprints and photographs
Sec. 5. In addition to the requirements prescribed in section 1 of
this chapter, an applicant for a license to serve as a recovery agent
must affirmatively show that:
(1) the applicant is at least eighteen (18) years of age;
(2) the applicant is a citizen of the United States and has been
a bona fide resident of this state for more than six (6) months
immediately preceding the date of application;
(3) the applicant has never been convicted of a disqualifying
offense, notwithstanding IC 25-1-1.1, or:
(A) in the case of a felony conviction, at least ten (10) years
have passed since the date of the applicant's conviction or
release from imprisonment, parole, or probation, whichever
is later; or
(B) in the case of a misdemeanor disqualifying offense, at
least five (5) years have passed since the date of the
applicant's conviction or release from imprisonment, parole,
or probation, whichever is later; and
(4) the applicant has completed at least twelve (12) hours of
instruction in courses approved by the commissioner under
section 7.1 of this chapter that pertain to the duties and
responsibilities of a bail agent or recovery agent, including
instruction in the laws that relate to the conduct of a bail agent
or recovery agent.
A license fee of three hundred dollars ($300) and an examination fee
of one hundred dollars ($100) shall be submitted to the commissioner
with each application, together with the applicant's fingerprints and
photograph. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.16; P.L.102-2005, SEC.3.
IC 27-10-3-6 Examination; application
Sec. 6. (a) The applicant for a bail agent's or recovery agent's
license shall be required to appear in person and take a written
examination prepared by the commissioner testing the applicant's
ability and qualifications to be a bail agent or recovery agent.
(b) An applicant is eligible for examination after the date the
application is received by the commissioner, if the commissioner is
satisfied as to the applicant's fitness to take the examination.
Examinations shall be held at times and places designated by the
commissioner, and an applicant shall be given notice of a time and
place not less than fifteen (15) days prior to taking the examination.
(c) The failure of an applicant to pass an examination may not
preclude the applicant from taking subsequent examinations. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.17; P.L.348-1995, SEC.4.
IC 27-10-3-7 Renewal; fees; continuing education
Sec. 7. (a) A renewal license shall be issued by the commissioner
to a licensee who:
(1) has continuously maintained a license in effect;
(2) pays a renewal fee of:
(A) six hundred fifty dollars ($650) for bail agents; and
(B) three hundred dollars ($300) for recovery agents;
(3) has fulfilled the continuing education requirement as
required under subsection (b);
(4) satisfactorily completes a renewal examination if required
by the commissioner; and
(5) has in all other respects complied with and been subject to
this article.
(b) A licensee shall complete at least six (6) hours of continuing
education courses that:
(1) are approved under section 7.1 of this chapter; and
(2) apply to the licensee's particular license, including
instruction in the laws that relate to the conduct of a bail agent
or recovery agent;
during each license period. A continuing education course that is
used to fulfill the continuing education requirements for an insurance
producer license under IC 27-1-15.7 may not be used to satisfy the
continuing education requirement set forth in this section.
(c) After the receipt of the licensee's application for renewal, the
current license continues in effect until the renewal license is issued,
suspended, or denied for cause. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.18; P.L.102-2005, SEC.4.
IC 27-10-3-7.1 Continuing education course approval; fees; criteria
Sec. 7.1. (a) A provider of courses required for licensure under
sections 3 and 5 of this chapter or license renewal under section 7 of
this chapter:
(1) shall obtain from the commissioner approval of the courses
and instructors before the courses are conducted;
(2) shall annually pay to the commissioner a reasonable fee, as
determined by the commissioner; and
(3) shall comply with any other requirements established by the
commissioner.
(b) A provider described in subsection (a) may charge a
reasonable fee for attendance at an approved course.
(c) A fee paid under subsection (a)(2) must be:
(1) deposited in the bail bond enforcement and administration
fund created under IC 27-10-5-1; and
(2) used to implement this article.
(d) The commissioner shall:
(1) establish criteria for approval or disapproval of instructors
and courses required for:
(A) licensure under sections 3 and 5 of this chapter; and
(B) license renewal under section 7 of this chapter; and
(2) approve or disapprove instructors and courses specified in
subdivision (1);
that pertain to the duties and responsibilities of a bail agent and
recovery agent, including instruction concerning the laws that relate
to the conduct of a bail agent and recovery agent. As added by P.L.102-2005, SEC.5.
IC 27-10-3-8 Denial, suspension, or revocation of licenses; refusal to renew
Sec. 8. (a) The commissioner shall deny, suspend, revoke, or
refuse to renew any license issued under this article for any of the
following causes:
(1) Any cause for which issuance of the license could have been
refused had it then existed and been known to the
commissioner.
(2) Violation of any laws of this state in the course of dealings
under any license issued the licensee by the commissioner.
(3) Material misstatement, misrepresentation, or fraud in
obtaining the license.
(4) Misappropriation, conversion, or unlawful withholding of
money belonging to insurers or others and received in the
conduct of business under any license issued to the licensee by
the commissioner.
(5) Fraudulent or dishonest practices in the conduct of business
under any license issued to the licensee by the commissioner.
(6) Willful failure to comply with or willful violation of any
proper order or rule of the commissioner.
(7) When, in the judgment of the commissioner, the licensee
has, in the conduct of affairs under the license, demonstrated:
(A) incompetency or untrustworthiness;
(B) conduct or practices rendering the licensee unfit to carry
on the bail bond business or making the licensee's
continuance in such business detrimental to the public
interest;
(C) that the licensee is no longer in good faith carrying on
the bail bond business; or
(D) that the licensee is guilty of rebating, or offering to
rebate, or unlawfully dividing, or offering to divide, the
licensee's commissions in the case of limited surety agents;
and for such reasons is found by the commissioner to be a
source of detriment, injury, or loss to the public.
(8) The listing of the name of the applicant or licensee on the
most recent tax warrant list supplied to the commissioner by the
department of state revenue.
(b) The commissioner shall refuse to:
(1) issue a license; or
(2) renew a license issued;
under this chapter to a person who is the subject of an order issued
by a court under IC 31-14-12-7 or IC 31-16-12-10 (or
IC 31-1-11.5-13(m) or IC 31-6-6.1-16(m) before their repeal).
(c) The commissioner may also levy a civil penalty of not more
than ten thousand dollars ($10,000) for any of the causes listed in
subsection (a). Any civil penalty levied under this subsection may be
enforced in the same manner as a civil judgment.
(d) When a person who holds a license under this chapter enters
a plea of guilty to a disqualifying offense, the commissioner,
immediately upon the court's acceptance of the plea, shall revoke the
person's license. The commissioner shall revoke the license of any
person who is convicted of a disqualifying offense immediately upon
conviction. The pending of sentencing or the pending of an appeal of
a conviction of a disqualifying offense does not stay the revocation
of a license under this subsection. A person convicted of a felony is
not eligible to reapply for a license until ten (10) years from the date
of conviction or release from imprisonment, parole, or probation,
whichever is later. A person convicted of a misdemeanor
disqualifying offense is not eligible to reapply for a license until five
(5) years from the date of conviction or release from imprisonment,
parole, or probation, whichever is later. As added by P.L.261-1985, SEC.1. Amended by P.L.29-1987, SEC.5;
P.L.185-1996, SEC.16; P.L.23-1996, SEC.28; P.L.1-1997, SEC.114.
IC 27-10-3-9 Suspension or revocation of licenses; hearings; witnesses;
attorneys; penalty
Sec. 9. (a) If, after investigation, the commissioner determines
that a licensed bail agent or recovery agent has been guilty of
violating any of the laws of this state relating to bail bonds or has
committed any disqualifying offense, the commissioner shall, upon
ten (10) days notice in writing to:
(1) the bail agent or recovery agent; and
(2) the insurer represented by the bail agent if a surety bail
agent;
accompanied by a copy of the charges of the unlawful conduct of the
bail agent or the recovery agent, suspend the license of the bail agent
or the recovery agent, unless on or before the expiration of the ten
(10) days the bail agent or the recovery agent makes a written
response to the commissioner concerning the charges.
(b) If, after the expiration of ten (10) days and within twenty (20)
days after the expiration of the ten (10) days, the bail agent or the
recovery agent fails to make a written response to the charges, the
commissioner shall suspend or revoke the license of the bail agent or
the recovery agent. If, however, the bail agent or the recovery agent
files a written response denying the charges within the time
specified, the commissioner shall call a hearing within a reasonable
time for the purpose of taking testimony and evidence on any issue
of facts made by the charges and answer.
(c) The commissioner shall give notice to:
(1) the bail agent or the recovery agent; and
(2) the insurer represented by the bail agent if a surety bail
agent;
of the time and place of the hearing. The parties may produce
witnesses and appear personally with or without representation by
counsel.
(d) If, following the hearing, the commissioner determines by a
preponderance of the evidence that the bail agent or the recovery
agent is guilty as alleged in the charges, whether or not convicted in
court, the commissioner shall publish the determination not later than
thirty (30) days after the conclusion of the hearing and shall:
(1) revoke the license of the bail agent or the recovery agent; or
(2) suspend the bail agent for a definite period of time to be
fixed in the order of suspension.
The commissioner may also levy a civil penalty against the bail agent
or the recovery agent that is not more than ten thousand dollars
($10,000). As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.19; P.L.102-2005, SEC.6.
IC 27-10-3-10 Suspension or revocation of licenses; appeals
Sec. 10. An applicant for license as a bail agent or recovery agent
whose:
(1) application has been denied; or
(2) license has been suspended, revoked, or denied renewal by
the commissioner;
may appeal to the circuit court of the county from which the bail
agent or recovery agent applied for the license. The appeal shall be
heard de novo. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.20.
IC 27-10-3-11 Surety bail agents; terminating appointment; premiums owed;
remedies
Sec. 11. (a) An insurer who appoints a surety bail agent in Indiana
shall give notice of the appointment to the commissioner along with
a written application for license for the bail agent. All appointments
are subject to the issuance of a license to the surety bail agent.
(b) If an insurer appoints a surety bail agent under subsection (a),
not later than sixty (60) days after the appointment, the appointee
shall submit to the commissioner an affidavit:
(1) on a form prescribed by the commissioner;
(2) signed by the appointee; and
(3) that states:
(A) whether the appointee owes premiums to a former
insurer or an agency to which the appointee reported on
behalf of a former insurer;
(B) to whom the appointee owes a premium;
(C) the amount of the premium owed; and
(D) whether there is a dispute concerning the premium.
(c) An appointee shall provide a copy of an affidavit submitted
under subsection (b) by certified mail to each of the appointee's
former insurers or agents to which the appointee reported on behalf
of a former insurer in the six (6) years immediately preceding the
appointee's appointment under subsection (a).
(d) Not more than one hundred eighty (180) days after receiving
a copy of an appointee's affidavit provided under subsection (c), a
former insurer or agent that has knowledge that the affidavit is untrue
may file a petition with the commissioner stating that the appointee
still owes a premium to the insurer or agent in violation of
IC 27-10-4-7 and requesting relief. At the same time that the insurer
or agent files the petition with the commissioner, the insurer or agent
shall mail a copy of the petition to the appointee by certified mail.
The appointee may file a response with the commissioner not later
than ten (10) days after the appointee receives the petition.
(e) Upon receipt of the petition and response, if filed, under
subsection (d), the commissioner may conduct an investigation and
institute proceedings in accordance with section 9 of this chapter.
(f) The remedies provided in this section are not the exclusive
remedies available to an insurer or agent. The election of an insurer
or agent to seek a remedy under this section does not preclude the
insurer or agent from seeking other remedies available at law or in
equity, and is not a prerequisite for an insurer or agent to seek other
remedies available at law or in equity.
(g) An insurer that terminates the appointment of a surety bail
agent shall file written notice of the termination with the
commissioner together with a statement that the insurer has given or
mailed notice to the surety bail agent. The notice filed with the
commissioner must state the reasons, if any, for the termination.
Information furnished to the commissioner is confidential and may
not be used as evidence in or a basis for any action against the
insurer or any of the insurer's representatives. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.21; P.L.348-1995, SEC.5; P.L.102-2005, SEC.7.
IC 27-10-3-12 Deposits in accounts of insurers or agents; reports
Sec. 12. All insurers or general agents requiring bail bond agents
to post deposits pursuant to their bail bond writing authority must
maintain those deposits in a bank, savings association, or credit
union in this state. Each insurer or general agent shall report to the
commissioner the location of each agent's account at the time of the
agent's license issuance or renewal. Any change in the location of an
agent's account shall be reported by the insurer or general agent to
the commissioner within thirty (30) days of the change of location. As added by P.L.261-1985, SEC.1. Amended by P.L.79-1998,
SEC.33.
IC 27-10-3-13 Discontinuing business; return of license
Sec. 13. A bail agent who discontinues writing bail bonds during
the period for which the bail agent is licensed shall:
(1) notify the clerks of the circuit court and the sheriffs with
whom the bail agent is registered; and
(2) return the bail agent's license to the commissioner for
cancellation;
within thirty (30) days after the discontinuance. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.22.
IC 27-10-3-14 Recovery agent; use of licensed persons; list
Sec. 14. A person who is licensed as a bail agent may use as a
recovery agent any person who holds a valid recovery agent's license.
A bail agent must, on or before October 1 of each year, furnish to the
commissioner, on a form supplied by the commissioner, a list of all
recovery agents used by the bail agent during the preceding year. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.23.
IC 27-10-3-15 Insurers; deposits; engaging in bail bond business
Sec. 15. All insurers must deposit with the commissioner cash,
United States treasury notes, or bonds in bearer form with coupons
attached having a par value of at least seventy-five thousand dollars
($75,000) in order to obtain a license to engage in the bail bond
business, out of which the commissioner shall satisfy judgment on all
forfeitures which have not been paid. Such deposit shall be subject
to all laws and rules as are deposits by domestic insurance
companies. As added by P.L.261-1985, SEC.1. Amended by P.L.255-1995,
SEC.12.
IC 27-10-3-16
Repealed
(Repealed by P.L.224-1993, SEC.32.)
IC 27-10-3-17 Registration of licenses; power of attorney
Sec. 17. (a) A bail agent may not become a surety on an
undertaking unless the bail agent has registered the bail agent's
license in the office of the sheriff and with the clerk of the circuit
court in the county in which the bail agent resides. The bail agent
may then become a surety on an undertaking in any other county
upon filing a copy of the bail agent's license in the office of the
sheriff and with the clerk of the circuit court in the other county. A
surety bail agent must also file an original qualifying power of
attorney signed by the bail agent and attached to a specimen bail
bond with the clerk of the circuit court and file a copy of the
qualifying power of attorney with the office of the sheriff. The clerk
of the circuit court and the sheriff may not permit the registration of
a bail agent unless the bail agent is currently licensed by the
commissioner under this article.
(b) A recovery agent may not perform the recovery agent's duties
unless the recovery agent has registered the recovery agent's license
within fifteen (15) days of issuance or any renewal in the office of
the sheriff and with the clerk of the circuit court in the county where
the recovery agent resides. The clerk of the circuit court and the
sheriff may not permit a registration unless the recovery agent is
properly licensed by the commissioner under this article. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.24; P.L.348-1995, SEC.6.
IC 27-10-3-18 Access to jails
Sec. 18. A person who holds a valid bail agent's license issued by
the insurance commissioner and registered as required in section 17
of this chapter may have equal access to the jails of this state for the
purpose of making bond, subject to this article and rules adopted
under this article. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993,
SEC.25.
IC 27-10-3-19 Duty of commissioner upon receipt of support order; reinstatement
Sec. 19. (a) Upon receiving an order of a court issued under
IC 31-14-12-7 or IC 31-16-12-10 (or IC 31-1-11.5-13(m) or
IC 31-6-6.1-16(m) before their repeal), the commissioner shall:
(1) suspend a license issued under this chapter to any person
who is the subject of the order; and
(2) promptly mail a notice to the last known address of the
person who is the subject of the order, stating the following:
(A) That the person's license is suspended beginning five (5)
business days after the date the notice is mailed, and that the
suspension will terminate not earlier than ten (10) business
days after the commissioner receives an order allowing
reinstatement from the court that issued the suspension
order.
(B) That the person has the right to petition for reinstatement
of a license issued under this chapter to the court that issued
the order for suspension.
(b) The commissioner shall not reinstate a license suspended
under subsection (a) until the commissioner receives an order
allowing reinstatement from the court that issued the order for
suspension. As added by P.L.23-1996, SEC.29. Amended by P.L.1-1997,
SEC.115.
IC 27-10-3-20 Notice; probationary status; appeal; reinstatement
Sec. 20. (a) Upon receiving an order from the bureau (Title IV-D
agency) under IC 31-25-4-32(i), the commissioner shall send to the
person who is the subject of the order a notice that does the
following:
(1) States that the person is delinquent and is subject to an order
placing the person on probationary status.
(2) Explains that unless the person contacts the bureau and:
(A) pays the person's child support arrearage in full;
(B) establishes a payment plan with the bureau to pay the
arrearage, which must include an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5; or
(C) requests a hearing under IC 31-25-4-33;
within twenty (20) days after the date the notice is mailed, the
commissioner shall place the person on probationary status with
respect to any license issued to the person under this chapter.
(3) Explains that the person may contest the bureau's
determination that the person is delinquent and subject to an
order placing the person on probationary status by making
written application to the bureau within twenty (20) days after
the date the notice is mailed.
(4) Explains that the only basis for contesting the bureau's
determination that the person is delinquent and subject to an
order placing the person on probationary status is a mistake of
fact.
(5) Explains the procedures to:
(A) pay the person's child support arrearage in full;
(B) establish a payment plan with the bureau to pay the
arrearage, which must include an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5; and
(C) request a hearing under IC 31-25-4-33.
(6) Explains that the probation will terminate ten (10) business
days after the commissioner receives a notice from the bureau
that the person has:
(A) paid the person's child support arrearage in full; or
(B) established a payment plan with the bureau to pay the
arrearage, which includes an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5.
(b) Upon receiving an order from the bureau (Title IV-D agency)
under IC 31-25-4-34(d), the commissioner shall send to the person
who is the subject of the order a notice that states the following:
(1) That a license issued to the person under this chapter has
been placed on probationary status, beginning five (5) business
days after the date the notice is mailed, and that the probation
will terminate ten (10) business days after the commissioner
receives a notice from the bureau that the person has:
(A) paid the person's child support arrearage in full; or
(B) established a payment plan with the bureau to pay the
arrearage, which includes an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5.
(2) That if the commissioner is advised by the bureau that the
person whose license has been placed on probationary status
has failed to:
(A) pay the person's child support arrearage in full; or
(B) establish a payment plan with the bureau to pay the
arrearage, which includes an income withholding order
under IC 31-16-15-2 or IC 31-16-15-2.5;
within twenty (20) days after the date the notice is mailed, the
commissioner shall suspend the person's license.
(c) If the commissioner receives a notice from the bureau (Title
IV-D agency) under IC 31-25-4-32(i) that the person whose license
has been placed on probationary status has failed to:
(1) pay the person's child support arrearage in full; or
(2) establish a payment plan with the bureau to pay the
arrearage, which includes an income withholding order under
IC 31-16-15-2 or IC 31-16-15-2.5;
within twenty (20) days after the notice required under subsection (b)
is mailed, the commissioner shall suspend the person's license.
(d) The commissioner may not reinstate any license placed on
probation or suspended under this section until the commissioner
receives a notice from the bureau that the person has:
(1) paid the person's child support arrearage in full; or
(2) established a payment plan with the bureau to pay the
arrearage, which includes an income withholding order under
IC 31-16-15-2 or IC 31-16-15-2.5. As added by P.L.23-1996, SEC.30. Amended by P.L.1-1997,
SEC.116; P.L.145-2006, SEC.167; P.L.103-2007, SEC.9.
IC 27-10-3-21 Rules
Sec. 21. The department may adopt rules under IC 4-22-2 to
implement this chapter. As added by P.L.102-2005, SEC.8.
