§ 9.1-185.8. Professional conduct standards; grounds for disciplinary actions.
A. Any violations of the restrictions or standards under this statute shallbe grounds for placing on probation, refusal to issue or renew, sanctioning,suspension or revocation of the bail bondsman's license. A licensed bailbondsman is responsible for ensuring that his employees, partners andindividuals contracted to perform services for or on behalf of the bondingbusiness comply with all of these provisions, and do not violate any of therestrictions that apply to bail bondsmen. Violations by a bondsman'semployee, partner, or agent may be grounds for disciplinary action againstthe bondsman, including probation, suspension or revocation of license.
B. A licensed bail bondsman shall not:
1. Knowingly commit, or be a party to, any material fraud, misrepresentation,concealment, conspiracy, collusion, forgery, scheme or device whereby anyother person lawfully relies upon the word, representation, or conduct of thebail bondsman.
2. Solicit sexual favors or extort additional consideration as a condition ofobtaining, maintaining, or exonerating bail bond, regardless of the identityof the person who performs the favors.
3. Conduct a bail bond transaction that demonstrates bad faith, dishonesty,coercion, incompetence, extortion or untrustworthiness.
4. Coerce, suggest, aid and abet, offer promise of favor, or threaten anyperson on whose bond he is surety or offers to become surety, to induce thatperson to commit any crime.
5. Give or receive, directly or indirectly, any gift of any kind to anynonelected public official or any employee of a governmental agency involvedwith the administration of justice, including but not limited tolaw-enforcement personnel, magistrates, judges, and jail employees, as wellas attorneys. De minimis gifts, not to exceed $50 per year per recipient, areacceptable, provided the purpose of the gift is not to directly solicitbusiness, or would otherwise be a violation of Board regulations or the lawsof the Commonwealth.
6. Fail to comply with any of the statutory or regulatory requirementsgoverning licensed bail bondsmen.
7. Fail to cooperate with any investigation by the Department.
8. Fail to comply with any subpoena issued by the Department.
9. Provide materially incorrect, misleading, incomplete or untrue informationin a license application, renewal application, or any other document filedwith the Department.
10. Provide bail for any person if he is also an attorney representing thatperson.
11. Provide bail for any person if the bondsman was initially involved in thearrest of that person.
C. A licensed bail bondsman shall ensure that each recognizance on all bondsfor which he signs shall contain the name and contact information for boththe surety agent and the registered agent of the issuing company.
D. An administrative fee may be charged by a bail bondsman, not to exceedreasonable costs. Reasonable costs may include, but are not limited to,travel, court time, recovery fees, phone expenses, administrative overheadand postage.
E. A property bail bondsman shall not enter into any bond if the aggregate ofthe penalty of such bond and all other bonds, on which he has not beenreleased from liability, is in excess of four times the true market value ofthe equity in his real estate, cash or certificates of deposit issued by afederally insured institution, or any combination thereof.
F. A property bail bondsman or his agent shall not refuse to cover anyforfeiture of bond against him or refuse to pay such forfeiture after noticeand final order of the court.
G. A surety bail bondsman shall not write bail bonds on any qualifying powerof attorney for which a copy has not been filed with the Department.
H. A surety bail bondsman shall not violate any of the statutes orregulations that govern insurance agents.
§ 9.1-185.8. Professional conduct standards; grounds for disciplinary actions.
A. Any violations of the restrictions or standards under this statute shallbe grounds for placing on probation, refusal to issue or renew, sanctioning,suspension or revocation of the bail bondsman's license. A licensed bailbondsman is responsible for ensuring that his employees, partners andindividuals contracted to perform services for or on behalf of the bondingbusiness comply with all of these provisions, and do not violate any of therestrictions that apply to bail bondsmen. Violations by a bondsman'semployee, partner, or agent may be grounds for disciplinary action againstthe bondsman, including probation, suspension or revocation of license.
B. A licensed bail bondsman shall not:
1. Knowingly commit, or be a party to, any material fraud, misrepresentation,concealment, conspiracy, collusion, forgery, scheme or device whereby anyother person lawfully relies upon the word, representation, or conduct of thebail bondsman.
2. Solicit sexual favors or extort additional consideration as a condition ofobtaining, maintaining, or exonerating bail bond, regardless of the identityof the person who performs the favors.
3. Conduct a bail bond transaction that demonstrates bad faith, dishonesty,coercion, incompetence, extortion or untrustworthiness.
4. Coerce, suggest, aid and abet, offer promise of favor, or threaten anyperson on whose bond he is surety or offers to become surety, to induce thatperson to commit any crime.
5. Give or receive, directly or indirectly, any gift of any kind to anynonelected public official or any employee of a governmental agency involvedwith the administration of justice, including but not limited tolaw-enforcement personnel, magistrates, judges, and jail employees, as wellas attorneys. De minimis gifts, not to exceed $50 per year per recipient, areacceptable, provided the purpose of the gift is not to directly solicitbusiness, or would otherwise be a violation of Board regulations or the lawsof the Commonwealth.
6. Fail to comply with any of the statutory or regulatory requirementsgoverning licensed bail bondsmen.
7. Fail to cooperate with any investigation by the Department.
8. Fail to comply with any subpoena issued by the Department.
9. Provide materially incorrect, misleading, incomplete or untrue informationin a license application, renewal application, or any other document filedwith the Department.
10. Provide bail for any person if he is also an attorney representing thatperson.
11. Provide bail for any person if the bondsman was initially involved in thearrest of that person.
C. A licensed bail bondsman shall ensure that each recognizance on all bondsfor which he signs shall contain the name and contact information for boththe surety agent and the registered agent of the issuing company.
D. An administrative fee may be charged by a bail bondsman, not to exceedreasonable costs. Reasonable costs may include, but are not limited to,travel, court time, recovery fees, phone expenses, administrative overheadand postage.
E. A property bail bondsman shall not enter into any bond if the aggregate ofthe penalty of such bond and all other bonds, on which he has not beenreleased from liability, is in excess of four times the true market value ofthe equity in his real estate, cash or certificates of deposit issued by afederally insured institution, or any combination thereof.
F. A property bail bondsman or his agent shall not refuse to cover anyforfeiture of bond against him or refuse to pay such forfeiture after noticeand final order of the court.
G. A surety bail bondsman shall not write bail bonds on any qualifying powerof attorney for which a copy has not been filed with the Department.
H. A surety bail bondsman shall not violate any of the statutes orregulations that govern insurance agents.
§ 9.1-185.8. Professional conduct standards; grounds for disciplinary actions.
A. Any violations of the restrictions or standards under this statute shallbe grounds for placing on probation, refusal to issue or renew, sanctioning,suspension or revocation of the bail bondsman's license. A licensed bailbondsman is responsible for ensuring that his employees, partners andindividuals contracted to perform services for or on behalf of the bondingbusiness comply with all of these provisions, and do not violate any of therestrictions that apply to bail bondsmen. Violations by a bondsman'semployee, partner, or agent may be grounds for disciplinary action againstthe bondsman, including probation, suspension or revocation of license.
B. A licensed bail bondsman shall not:
1. Knowingly commit, or be a party to, any material fraud, misrepresentation,concealment, conspiracy, collusion, forgery, scheme or device whereby anyother person lawfully relies upon the word, representation, or conduct of thebail bondsman.
2. Solicit sexual favors or extort additional consideration as a condition ofobtaining, maintaining, or exonerating bail bond, regardless of the identityof the person who performs the favors.
3. Conduct a bail bond transaction that demonstrates bad faith, dishonesty,coercion, incompetence, extortion or untrustworthiness.
4. Coerce, suggest, aid and abet, offer promise of favor, or threaten anyperson on whose bond he is surety or offers to become surety, to induce thatperson to commit any crime.
5. Give or receive, directly or indirectly, any gift of any kind to anynonelected public official or any employee of a governmental agency involvedwith the administration of justice, including but not limited tolaw-enforcement personnel, magistrates, judges, and jail employees, as wellas attorneys. De minimis gifts, not to exceed $50 per year per recipient, areacceptable, provided the purpose of the gift is not to directly solicitbusiness, or would otherwise be a violation of Board regulations or the lawsof the Commonwealth.
6. Fail to comply with any of the statutory or regulatory requirementsgoverning licensed bail bondsmen.
7. Fail to cooperate with any investigation by the Department.
8. Fail to comply with any subpoena issued by the Department.
9. Provide materially incorrect, misleading, incomplete or untrue informationin a license application, renewal application, or any other document filedwith the Department.
10. Provide bail for any person if he is also an attorney representing thatperson.
11. Provide bail for any person if the bondsman was initially involved in thearrest of that person.
C. A licensed bail bondsman shall ensure that each recognizance on all bondsfor which he signs shall contain the name and contact information for boththe surety agent and the registered agent of the issuing company.
D. An administrative fee may be charged by a bail bondsman, not to exceedreasonable costs. Reasonable costs may include, but are not limited to,travel, court time, recovery fees, phone expenses, administrative overheadand postage.
E. A property bail bondsman shall not enter into any bond if the aggregate ofthe penalty of such bond and all other bonds, on which he has not beenreleased from liability, is in excess of four times the true market value ofthe equity in his real estate, cash or certificates of deposit issued by afederally insured institution, or any combination thereof.
F. A property bail bondsman or his agent shall not refuse to cover anyforfeiture of bond against him or refuse to pay such forfeiture after noticeand final order of the court.
G. A surety bail bondsman shall not write bail bonds on any qualifying powerof attorney for which a copy has not been filed with the Department.
H. A surety bail bondsman shall not violate any of the statutes orregulations that govern insurance agents.
