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North Dakota Century Code Title 26.1. Insurance § 26.1-26.6-05. Violations--Penalties

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1. The commissioner may suspend, revoke, or refuse to continue, issue, or renew any license issued under this chapter if, after notice to the licensee and hearing, the commissioner finds as to the licensee any of the following conditions:

a. Recommending any particular attorney at law to handle the case in which the bail bond agent has caused a bond to be issued under this chapter.

b. Forging the name of another to a bond or application for bond.

c. Soliciting business in or about any place for prisoners or persons confined, arraigned, or in custody.

d. Paying a fee or rebate, or giving or promising anything of value to a jailer, trustee, police officer or officer of the law, or any other person who has power to arrest or hold in custody or to any public official or public employee in order to secure a settlement, compromise, remission, or reduction of the amount of any bail bond or entreatment thereof, or to secure, delay, or other advantage.  This subdivision does not apply to a jailer, police officer, or officer of the law who is not on duty and who assists in the apprehension of a defendant.

e. Paying a fee or rebating or giving anything of value to an attorney in bail bond matters, except in defense of any action on a bond.

f. Accepting anything of value from a principal other than a premium.  Provided, the bail bond agent may accept collateral security or other indemnity from the principal which must be returned immediately upon final termination of liability on the bond.  Such collateral security or other indemnity required by the bail bond agent must be reasonable in relation to the amount of the bond.

g. Willfully failing to return collateral security to the principal when the principal is entitled to the security.

h. Knowingly employing a person whose insurance producer license has been revoked, suspended, or denied in this or any other state.

i. Knowingly or intentionally executing a bail bond without collecting in full a premium for the bond, at the premium rate as filed with and approved by the commissioner.

j. Failing to pay any forfeiture as directed by a court and as required by this chapter.

2. For purposes of subdivisions f and g of subsection 1, a bail bond agent shall monitor the status of bonds written by the bail bond agent to make timely return of the collateral security to the principal.  It is not a defense to administrative action under this section that the bail bond agent did not know liability on the bond had been terminated or that the principal was entitled to return of the security.

3. A bail bond agent or bail bond agency may not advertise as or hold itself out to be a surety company.

4. A bail bond agent may not sign nor countersign any blank in any bond, nor give up power of attorney to or otherwise authorize, anyone to countersign the bail bond agent's name to bonds.

5. When a bail bond agent accepts collateral, the bail bond agent shall give a written receipt for the collateral and this receipt must contain a full description of the collateral received in the terms of redemption.  The bail bond agent shall keep copies of all receipts of the bonds to be placed in business to be available to the commissioner for the commissioner's review.

6. The provisions and penalties under this section are in addition to those provided under chapter 26.1-26.

Cite this article: - North Dakota Century Code Title 26.1. Insurance § 26.1-26.6-05. Violations--Penalties - last updated January 01, 2020 |

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