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Current as of January 02, 2024 | Updated by Findlaw Staff
(a) In addition to the requirements of part 3 of this chapter regulating professional bondsmen, licensure of a professional bondsman may be withheld, withdrawn, suspended, revoked, or denied by the board of professional bondsmen if, after investigation, it appears that a professional bondsman:
(1) Has been guilty of violating any of the laws of this state relating to bail bonds;
(2) Has a final judgment of forfeiture entered against the bondsman which remains unsatisfied;
(3) Is guilty of professional misconduct as described in § 40-11-126; or
(4) If applying for approval as a professional bondsman, has been convicted in any state of the United States of two (2) or more misdemeanors which are equivalent to Tennessee Class A or Class B misdemeanors; provided, however, that the misdemeanor convictions shall have occurred within five (5) years of the date the application for approval is filed.
(b) If, after investigation, the board finds a professional bondsman to be in violation of any of the statutes enumerated in this section, then the board shall notify the bondsman in writing of the bondsman's right to a hearing prior to imposing any sanction permitted under this chapter. If the bondsman fails to notify the board in writing within ten (10) days from the date of the board's notice that the bondsman seeks a hearing, then such hearing is waived and the board may impose upon the bondsman any sanction or discipline permitted by this chapter. All hearings conducted pursuant to this subsection (b) must be in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c) The board shall remove the offending professional bondsman's name from the approved list as maintained on the board's registry under § 40-11-314 and notify all courts in which the professional bondsman is approved to practice.
(d)(1) Notwithstanding the board's authority under this section, a court may deny, withhold, suspend, or revoke an approved professional bondsman's bonding privileges in such court upon the court's determination that the professional bondsman's conduct is detrimental to the bondsman's client or is disruptive to the court or court proceedings.
(2) The court shall notify the board of its action, and the board may strike the offending bondsman from the approved list as maintained on the board's registry under § 40-11-314, following review by the board.
(3) Any bondsman whose bonding privileges have been denied, withheld, suspended, or revoked under subdivision (d)(1) has the right of appeal to the next highest court having criminal jurisdiction, and the appeal must be heard de novo.
(e) Any disciplinary action taken against a professional bondsman under this section must be published in accordance with § 56-1-302(a)(9).
Cite this article: FindLaw.com - Tennessee Code Title 40. Criminal Procedure § 40-11-125 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-11-125/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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