A. An applicant for a bail bondsman license shall apply for such license in aform and manner prescribed by the Board, and containing any information theBoard requires.
B. Prior to the issuance of any bail bondsman license, each bondsmanapplicant shall:
1. File with the Department an application for such license on the form andin the manner prescribed by the Board.
2. Pass the bail bondsman exam as prescribed by the Board pursuant to thisarticle or have successfully completed a surety bail bondsman exam asrequired by the State Corporation Commission under former § 38.2-1865.7. Anyapplicant who improperly uses notes or other reference materials, orotherwise cheats on the exam, shall be ineligible to become a licensed bailbondsman.
3. Submit to fingerprinting by a local or state law-enforcement agency andprovide personal descriptive information to be forwarded, along with theapplicant's fingerprints, to the Department of State Police Central CriminalRecords Exchange. The Central Criminal Records Exchange shall forward theapplicant's fingerprints and personal descriptive information to the FederalBureau of Investigation for the purpose of obtaining national criminalhistory record information regarding such applicant. The applicant shall payfor the cost of such fingerprinting and criminal records check. TheDepartment of State Police shall forward to the Director of the Department,or his designee, who shall be a governmental entity, the results of therecords search from the Central Criminal Records Exchange and the FederalBureau of Investigation. The Director of the Department, or his designee, whoshall be a governmental entity, shall review the record and if the reportindicates a prior felony conviction, the individual shall be prohibited frompursuing the application process for issuance of a bail bondsman licenseunless the individual submits proof that his civil rights have been restoredby the Governor or other appropriate authority.
4. Submit the appropriate nonrefundable application processing fee to theDepartment.
C. Additionally, prior to the issuance of a property bail bondsman license,each property bail bondsman applicant shall provide proof of collateral of$200,000 on his bonds and proof of collateral of $200,000 on the bonds ofeach of his agents. Any collateral that is not in the form of real estate,cash, or certificates of deposit issued by a FDIC-insured financialinstitution shall be specifically approved by the Department before it may beused as collateral.
1. If the property used as collateral is real estate, such real estate shallbe located in the Commonwealth. In addition, the property bail bondsmanapplicant shall submit to the Department:
a. A true copy of the current real estate tax assessment thereof, certifiedby the appropriate assessing officer of the locality wherein such property islocated or, at the option of the property bail bondsman, an appraisal of thefair market value of the real estate, which appraisal shall have beenprepared by a licensed real estate appraiser, within one year of itssubmission.
b. A new appraisal, if, at its discretion, the Department so orders for goodcause shown prior to certification. At the discretion of the Department,after the original submission of any property appraisal or tax assessment,further appraisals or tax assessments for that property may not be requiredmore than once every five years.
c. An affidavit by the property bail bondsman applicant that states, to thebest of such person's knowledge, the amount of equity in the real estate, andthe amounts due under any obligations secured by liens or similarencumbrances against the real estate, including any delinquent taxes, as ofthe date of the submission. At its discretion, the Department may requireadditional documentation to verify these amounts.
2. If the property used as collateral consists of cash or certificates ofdeposit, the property bail bondsman applicant shall submit to the Departmentverification of the amounts, and the names of the financial institution inwhich they are held.
3. Any property bail bondsman issued a certificate by a judge pursuant toformer § 19.2-152.1, prior to July 1, 1989, who has continuously maintainedhis certification and who has never provided to a court collateral of$200,000 or more, shall continue to be exempt from the $200,000 collateralrequirements specified above. Those property bail bondsmen who are exemptedfrom this provision shall satisfy all of the other requirements in thisarticle for bail bondsmen, and shall provide to the Department the collateralamount to which they may bond and provide proof of his prior certification byobtaining a certified copy of: (i) the certificate issued pursuant to former§ 19.2-152.1 and (ii) the documents held by the originating court that statedthe collateral amount for which they were able to bond.
4. Each property bail bondsman, if so directed by the Department, shall placea deed of trust on the real estate that he is using for the limit of hisexpected bonded indebtedness to secure the Commonwealth and shall name theattorney for the Commonwealth of the affected locality as trustee under thedeed of trust, and furnish the Department an acceptable appraisal and titlecertificate of the real estate subject to any such deed of trust.
D. Prior to the issuance of a surety bail bondsman license, each surety bailbondsman applicant shall:
1. Submit proof of current licensing as a property and casualty insuranceagent validated by the State Corporation Commission.
2. Submit copies of each qualifying power of attorney that will be used toprovide surety. All qualifying powers of attorney filed with the Departmentshall contain the name and contact information for both the surety agent andthe registered agent of the issuing company. In the event an applicant for asurety bail bondsman license is unable to obtain a qualifying power ofattorney prior to the issuance of his license, he may be granted his license,on the condition that each qualifying power of attorney obtained after hislicensure be filed with the Department within 30 days after its receipt. Asurety bail bondsman shall not be permitted to write bail bonds for anyinsurance company without first filing the company qualifying power ofattorney with the Department.
3. All surety bail bondsman licenses in effect with the State CorporationCommission shall become void after June 30, 2005. Applicants for licensurefor bail bondsmen may submit an application to the Department on or after May1, 2005.
4. Any surety bail bondsman license issued pursuant to this article shallterminate immediately upon the termination of the licensee's property andcasualty insurance agent license, and may not be applied for again until theindividual has been issued a new property and casualty insurance agentlicense. Upon notification from the State Corporation Commission of a licensesuspension, the Department shall immediately suspend a surety bondsman'slicense, pending the results of an investigation conducted pursuant to thisarticle. In the event a surety bail bondsman is under investigation by theState Corporation Commission for allegations regarding his activities as alicensed property and casualty agent, the Commission shall notify theDepartment of such investigation and the Department and the Commission mayconduct a joint investigation of the individual. All powers granted to theDepartment and the Commission regarding investigation and disciplinaryproceedings shall be permitted to be applied to any such joint investigation,and both the Department and the Commission shall be permitted to utilizetheir own rules and internal procedures in determining appropriatedisciplinary proceedings, if any.
A. An applicant for a bail bondsman license shall apply for such license in aform and manner prescribed by the Board, and containing any information theBoard requires.
B. Prior to the issuance of any bail bondsman license, each bondsmanapplicant shall:
1. File with the Department an application for such license on the form andin the manner prescribed by the Board.
2. Pass the bail bondsman exam as prescribed by the Board pursuant to thisarticle or have successfully completed a surety bail bondsman exam asrequired by the State Corporation Commission under former § 38.2-1865.7. Anyapplicant who improperly uses notes or other reference materials, orotherwise cheats on the exam, shall be ineligible to become a licensed bailbondsman.
3. Submit to fingerprinting by a local or state law-enforcement agency andprovide personal descriptive information to be forwarded, along with theapplicant's fingerprints, to the Department of State Police Central CriminalRecords Exchange. The Central Criminal Records Exchange shall forward theapplicant's fingerprints and personal descriptive information to the FederalBureau of Investigation for the purpose of obtaining national criminalhistory record information regarding such applicant. The applicant shall payfor the cost of such fingerprinting and criminal records check. TheDepartment of State Police shall forward to the Director of the Department,or his designee, who shall be a governmental entity, the results of therecords search from the Central Criminal Records Exchange and the FederalBureau of Investigation. The Director of the Department, or his designee, whoshall be a governmental entity, shall review the record and if the reportindicates a prior felony conviction, the individual shall be prohibited frompursuing the application process for issuance of a bail bondsman licenseunless the individual submits proof that his civil rights have been restoredby the Governor or other appropriate authority.
4. Submit the appropriate nonrefundable application processing fee to theDepartment.
C. Additionally, prior to the issuance of a property bail bondsman license,each property bail bondsman applicant shall provide proof of collateral of$200,000 on his bonds and proof of collateral of $200,000 on the bonds ofeach of his agents. Any collateral that is not in the form of real estate,cash, or certificates of deposit issued by a FDIC-insured financialinstitution shall be specifically approved by the Department before it may beused as collateral.
1. If the property used as collateral is real estate, such real estate shallbe located in the Commonwealth. In addition, the property bail bondsmanapplicant shall submit to the Department:
a. A true copy of the current real estate tax assessment thereof, certifiedby the appropriate assessing officer of the locality wherein such property islocated or, at the option of the property bail bondsman, an appraisal of thefair market value of the real estate, which appraisal shall have beenprepared by a licensed real estate appraiser, within one year of itssubmission.
b. A new appraisal, if, at its discretion, the Department so orders for goodcause shown prior to certification. At the discretion of the Department,after the original submission of any property appraisal or tax assessment,further appraisals or tax assessments for that property may not be requiredmore than once every five years.
c. An affidavit by the property bail bondsman applicant that states, to thebest of such person's knowledge, the amount of equity in the real estate, andthe amounts due under any obligations secured by liens or similarencumbrances against the real estate, including any delinquent taxes, as ofthe date of the submission. At its discretion, the Department may requireadditional documentation to verify these amounts.
2. If the property used as collateral consists of cash or certificates ofdeposit, the property bail bondsman applicant shall submit to the Departmentverification of the amounts, and the names of the financial institution inwhich they are held.
3. Any property bail bondsman issued a certificate by a judge pursuant toformer § 19.2-152.1, prior to July 1, 1989, who has continuously maintainedhis certification and who has never provided to a court collateral of$200,000 or more, shall continue to be exempt from the $200,000 collateralrequirements specified above. Those property bail bondsmen who are exemptedfrom this provision shall satisfy all of the other requirements in thisarticle for bail bondsmen, and shall provide to the Department the collateralamount to which they may bond and provide proof of his prior certification byobtaining a certified copy of: (i) the certificate issued pursuant to former§ 19.2-152.1 and (ii) the documents held by the originating court that statedthe collateral amount for which they were able to bond.
4. Each property bail bondsman, if so directed by the Department, shall placea deed of trust on the real estate that he is using for the limit of hisexpected bonded indebtedness to secure the Commonwealth and shall name theattorney for the Commonwealth of the affected locality as trustee under thedeed of trust, and furnish the Department an acceptable appraisal and titlecertificate of the real estate subject to any such deed of trust.
D. Prior to the issuance of a surety bail bondsman license, each surety bailbondsman applicant shall:
1. Submit proof of current licensing as a property and casualty insuranceagent validated by the State Corporation Commission.
2. Submit copies of each qualifying power of attorney that will be used toprovide surety. All qualifying powers of attorney filed with the Departmentshall contain the name and contact information for both the surety agent andthe registered agent of the issuing company. In the event an applicant for asurety bail bondsman license is unable to obtain a qualifying power ofattorney prior to the issuance of his license, he may be granted his license,on the condition that each qualifying power of attorney obtained after hislicensure be filed with the Department within 30 days after its receipt. Asurety bail bondsman shall not be permitted to write bail bonds for anyinsurance company without first filing the company qualifying power ofattorney with the Department.
3. All surety bail bondsman licenses in effect with the State CorporationCommission shall become void after June 30, 2005. Applicants for licensurefor bail bondsmen may submit an application to the Department on or after May1, 2005.
4. Any surety bail bondsman license issued pursuant to this article shallterminate immediately upon the termination of the licensee's property andcasualty insurance agent license, and may not be applied for again until theindividual has been issued a new property and casualty insurance agentlicense. Upon notification from the State Corporation Commission of a licensesuspension, the Department shall immediately suspend a surety bondsman'slicense, pending the results of an investigation conducted pursuant to thisarticle. In the event a surety bail bondsman is under investigation by theState Corporation Commission for allegations regarding his activities as alicensed property and casualty agent, the Commission shall notify theDepartment of such investigation and the Department and the Commission mayconduct a joint investigation of the individual. All powers granted to theDepartment and the Commission regarding investigation and disciplinaryproceedings shall be permitted to be applied to any such joint investigation,and both the Department and the Commission shall be permitted to utilizetheir own rules and internal procedures in determining appropriatedisciplinary proceedings, if any.
A. An applicant for a bail bondsman license shall apply for such license in aform and manner prescribed by the Board, and containing any information theBoard requires.
B. Prior to the issuance of any bail bondsman license, each bondsmanapplicant shall:
1. File with the Department an application for such license on the form andin the manner prescribed by the Board.
2. Pass the bail bondsman exam as prescribed by the Board pursuant to thisarticle or have successfully completed a surety bail bondsman exam asrequired by the State Corporation Commission under former § 38.2-1865.7. Anyapplicant who improperly uses notes or other reference materials, orotherwise cheats on the exam, shall be ineligible to become a licensed bailbondsman.
3. Submit to fingerprinting by a local or state law-enforcement agency andprovide personal descriptive information to be forwarded, along with theapplicant's fingerprints, to the Department of State Police Central CriminalRecords Exchange. The Central Criminal Records Exchange shall forward theapplicant's fingerprints and personal descriptive information to the FederalBureau of Investigation for the purpose of obtaining national criminalhistory record information regarding such applicant. The applicant shall payfor the cost of such fingerprinting and criminal records check. TheDepartment of State Police shall forward to the Director of the Department,or his designee, who shall be a governmental entity, the results of therecords search from the Central Criminal Records Exchange and the FederalBureau of Investigation. The Director of the Department, or his designee, whoshall be a governmental entity, shall review the record and if the reportindicates a prior felony conviction, the individual shall be prohibited frompursuing the application process for issuance of a bail bondsman licenseunless the individual submits proof that his civil rights have been restoredby the Governor or other appropriate authority.
4. Submit the appropriate nonrefundable application processing fee to theDepartment.
C. Additionally, prior to the issuance of a property bail bondsman license,each property bail bondsman applicant shall provide proof of collateral of$200,000 on his bonds and proof of collateral of $200,000 on the bonds ofeach of his agents. Any collateral that is not in the form of real estate,cash, or certificates of deposit issued by a FDIC-insured financialinstitution shall be specifically approved by the Department before it may beused as collateral.
1. If the property used as collateral is real estate, such real estate shallbe located in the Commonwealth. In addition, the property bail bondsmanapplicant shall submit to the Department:
a. A true copy of the current real estate tax assessment thereof, certifiedby the appropriate assessing officer of the locality wherein such property islocated or, at the option of the property bail bondsman, an appraisal of thefair market value of the real estate, which appraisal shall have beenprepared by a licensed real estate appraiser, within one year of itssubmission.
b. A new appraisal, if, at its discretion, the Department so orders for goodcause shown prior to certification. At the discretion of the Department,after the original submission of any property appraisal or tax assessment,further appraisals or tax assessments for that property may not be requiredmore than once every five years.
c. An affidavit by the property bail bondsman applicant that states, to thebest of such person's knowledge, the amount of equity in the real estate, andthe amounts due under any obligations secured by liens or similarencumbrances against the real estate, including any delinquent taxes, as ofthe date of the submission. At its discretion, the Department may requireadditional documentation to verify these amounts.
2. If the property used as collateral consists of cash or certificates ofdeposit, the property bail bondsman applicant shall submit to the Departmentverification of the amounts, and the names of the financial institution inwhich they are held.
3. Any property bail bondsman issued a certificate by a judge pursuant toformer § 19.2-152.1, prior to July 1, 1989, who has continuously maintainedhis certification and who has never provided to a court collateral of$200,000 or more, shall continue to be exempt from the $200,000 collateralrequirements specified above. Those property bail bondsmen who are exemptedfrom this provision shall satisfy all of the other requirements in thisarticle for bail bondsmen, and shall provide to the Department the collateralamount to which they may bond and provide proof of his prior certification byobtaining a certified copy of: (i) the certificate issued pursuant to former§ 19.2-152.1 and (ii) the documents held by the originating court that statedthe collateral amount for which they were able to bond.
4. Each property bail bondsman, if so directed by the Department, shall placea deed of trust on the real estate that he is using for the limit of hisexpected bonded indebtedness to secure the Commonwealth and shall name theattorney for the Commonwealth of the affected locality as trustee under thedeed of trust, and furnish the Department an acceptable appraisal and titlecertificate of the real estate subject to any such deed of trust.
D. Prior to the issuance of a surety bail bondsman license, each surety bailbondsman applicant shall:
1. Submit proof of current licensing as a property and casualty insuranceagent validated by the State Corporation Commission.
2. Submit copies of each qualifying power of attorney that will be used toprovide surety. All qualifying powers of attorney filed with the Departmentshall contain the name and contact information for both the surety agent andthe registered agent of the issuing company. In the event an applicant for asurety bail bondsman license is unable to obtain a qualifying power ofattorney prior to the issuance of his license, he may be granted his license,on the condition that each qualifying power of attorney obtained after hislicensure be filed with the Department within 30 days after its receipt. Asurety bail bondsman shall not be permitted to write bail bonds for anyinsurance company without first filing the company qualifying power ofattorney with the Department.
3. All surety bail bondsman licenses in effect with the State CorporationCommission shall become void after June 30, 2005. Applicants for licensurefor bail bondsmen may submit an application to the Department on or after May1, 2005.
4. Any surety bail bondsman license issued pursuant to this article shallterminate immediately upon the termination of the licensee's property andcasualty insurance agent license, and may not be applied for again until theindividual has been issued a new property and casualty insurance agentlicense. Upon notification from the State Corporation Commission of a licensesuspension, the Department shall immediately suspend a surety bondsman'slicense, pending the results of an investigation conducted pursuant to thisarticle. In the event a surety bail bondsman is under investigation by theState Corporation Commission for allegations regarding his activities as alicensed property and casualty agent, the Commission shall notify theDepartment of such investigation and the Department and the Commission mayconduct a joint investigation of the individual. All powers granted to theDepartment and the Commission regarding investigation and disciplinaryproceedings shall be permitted to be applied to any such joint investigation,and both the Department and the Commission shall be permitted to utilizetheir own rules and internal procedures in determining appropriatedisciplinary proceedings, if any.
