LICENSE, MUST ALSO FILE PROOF OF RESIDENCY OR PROOF THAT HE IS OFFICING IN THE COUNTY. ONCE REGISTERED IN A COUNTY, A BONDSMAN CAN WRITE AN UNLIMITED NUMBER OF BONDS.
THEREFORE, IN ANSWER TO YOUR FIRST QUESTION, A BONDSMAN MAY ONLY REGISTER HIS LICENSE IN ONE COUNTY. HOWEVER, A BONDSMAN, BY FILING A CERTIFIED COPY OF HIS LICENSE IN ANY OTHER COUNTY, EXCEPT THE COUNTY IN WHICH HE IS REGISTERED, CAN WRITE BONDS ON UP TO TEN DEFENDANTS IN THAT COUNTY. THE ONLY EXCEPTION TO THE TEN DEFENDANT LIMITATION IS WHEN A COUNTY DOES NOT HAVE A LICENSED BONDSMAN REGISTERED IN THAT COUNTY.
YOUR SECOND QUESTION ASKS WHETHER IT IS THE DISTRICT COURT CLERK'S RESPONSIBILITY TO DETERMINE THE COUNTIES IN WHICH A BONDSMAN IS REGISTERED. AS PREVIOUSLY DISCUSSED, 59 O.S. 1320(A) SPECIFIES THAT A BONDSMAN MAY ONLY REGISTER HIS LICENSE IN ONE COUNTY. SECTION 59 O.S. 1320(A), HOWEVER, PLACES THE DUTY ON THE BONDSMAN TO DETERMINE WHICH COUNTY HE WISHES TO REGISTER HIS LICENSE, PROVIDED, HOWEVER, HE MUST EITHER "RESIDE" OR "OFFICE" IN THAT COUNTY. THESE ARE NOT DECISIONS LEFT TO THE DISCRETION OF THE DISTRICT COURT CLERKS, BUT MUST BE MADE BY THE BONDSMAN HIMSELF. ACCORDINGLY, IT IS NOT THE RESPONSIBILITY OF THE DISTRICT COURT CLERK'S OFFICE TO DETERMINE IN WHICH COUNTY A BONDSMAN IS REGISTERED.
YOUR THIRD QUESTION ASKS WHETHER IT IS THE DUTY OF THE DISTRICT COURT CLERK AND/OR SHERIFF TO REFUSE A BONDSMAN'S REQUEST FOR REGISTRATION IF THE BONDSMAN IS REGISTERED IN ANOTHER COUNTY, OFFICES IN ANOTHER COUNTY, OR RESIDES IN ANOTHER COUNTY. THE CONTROLLING STATUTE IS 59 O.S. 1320(A) (1992). THE LANGUAGE OF THIS STATUTE IS CLEAR THAT THE BONDSMAN HAS THE DUTY TO PROVIDE PROOF TO THE DISTRICT COURT CLERK THAT HE EITHER RESIDES OR OFFICES IN A COUNTY IF THE BONDSMAN IS ATTEMPTING TO REGISTER HIS LICENSE IN THAT COUNTY. OF COURSE, IF THERE IS A QUESTION ABOUT THE VERACITY OF THE BONDSMAN, THE DISTRICT COURT CLERK MAY REQUEST FURTHER PROOF. HOWEVER, THERE IS NO STATUTORY DUTY PLACED ON THE COURT CLERKS TO DETERMINE WHETHER A BONDSMAN HAS EITHER REGISTERED IN A COUNTY OR FILED A CERTIFIED COPY OF HIS LICENSE IN ONE OF THE REMAINING SEVENTY-SIX (76) COUNTIES IN WHICH HE CANNOT REGISTER.
IF THE SHERIFF OR DISTRICT COURT CLERK DISCOVERS THAT A BONDSMAN HAS REGISTERED HIS LICENSE IN MORE THAN ONE COUNTY, SUCH DISTRICT COURT CLERK OR SHERIFF MAY REPORT IT TO THE OKLAHOMA INSURANCE DEPARTMENT, THE AGENCY CHARGED WITH THE DUTY OF OVERSEEING THE BAIL BOND INDUSTRY. UNDER THAT AGENCY'S STATUTORY FRAMEWORK, ADMINISTRATIVE PENALTIES MAY BE IMPOSED ON THE BONDSMAN FOR VIOLATING THE PROVISIONS OF THE BAIL BOND CODE.
YOUR FIFTH QUESTION ASKS WHAT PENALTY AND LIABILITY COULD BE INCURRED BY A LICENSED BONDSMAN IF THE BONDSMAN EITHER ATTEMPTS OR ACTUALLY REGISTERS HIS LICENSE IN MORE THAN ONE COUNTY. TITLE 59 O.S. 1310(A)(2) (1991) GRANTS TO THE INSURANCE COMMISSIONER THE AUTHORITY TO DENY, CENSURE, SUSPEND, REVOKE OR REFUSE TO ISSUE A BAIL BONDSMAN'S LICENSE FOR VIOLATING THE LAWS OF THIS