reglab/housing_qa huggingface dataset:
18 DE Code § 4334. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 43. Surety Insurance Contracts|Subchapter II. Bail Bond Agents|§ 4334. Application for license as a bail agent business entity.

§ 4334. Application for license as a bail agent business entity. (a) A bail agent business entity is required to obtain a bail agent business entity insurance license. All surety bail bond contract transactions under the bail agent business entity license must be completed by a licensed bail agent of this State. Nonlicensed individuals may perform tasks that are strictly clerical in nature such as assisting customers to complete applications and taking payments and providing receipts or other documentation to principal, indemnitors, customers, or other persons, but only under the supervision of a licensed agent who shall be responsible for any noncompliance with this subchapter by the nonlicensed individual. (b) Application for a bail agent business entity license shall be made using the Uniform Business Entity Application or on forms prescribed by the Commissioner for license types and lines of authority not available on the Uniform Business Entity Application. (c) Before approving the application, the Commissioner shall make a finding as to both of the following:  (1) That the bail agent business entity has paid the fees set forth in Chapter 7 of this title. (2) That the bail agent business entity has designated a licensed bail agent or producer licensed under this chapter responsible for the bail agent business entity's compliance with the insurance laws, rules and regulations of this State. (d) If the license of a bail agent business entity's designated bail agent is no longer active, whether due to expiration, suspension, revocation, or otherwise, the license of such bail agent business entity shall be immediately suspended until such time as a licensed bail agent in good standing is designated as such bail agent business entity's designated agent. In addition, a bail agent business entity's designated bail agent shall be subject to the same penalties as the bail agent business entity for the bail agent business entity's failure to comply with the laws, rules, and regulations of this State. (e) The Commissioner may require any documents reasonably necessary to verify the information contained in an application. 76 Del. Laws, c. 394, §  2;  79 Del. Laws, c. 177, §  1;  83 Del. Laws, c. 183, § 4;
18 DE Code § 4335. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 43. Surety Insurance Contracts|Subchapter II. Bail Bond Agents|§ 4335. License renewal.

§ 4335. License renewal. (a) A person who is licensed as a bail agent shall renew the license in accordance with the same requirements established for insurance producers under Chapters 7 and 17 of this title. As a condition of renewal, the licensee also shall certify that he or she is in compliance with all requirements set forth in this subchapter for the issuance of an initial license. (b) In addition, such person shall be required to show that since the last renewal or initial application in this State, neither the person nor any business in which the person is or was an owner, partner, officer or director, or member or manager of a limited liability company, has been suspended or prohibited in this State or any other jurisdiction from acting as a bail agent by any court, or otherwise been involved in an administrative proceeding regarding any professional or occupational license, or registration at the time of renewal. 76 Del. Laws, c. 394, §  2;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 177, §  1;  83 Del. Laws, c. 183, § 5;
18 DE Code § 4336. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 43. Surety Insurance Contracts|Subchapter II. Bail Bond Agents|§ 4336. Bonds.

§ 4336. Bonds. (a) At the time of the application for license as a bail agent, the applicant shall file with the Department a bond executed and issued by a surety insurer authorized to transact business in the State in the minimum amount of $50,000, which bond shall secure the faithful performance of the applicant's duties as a bail agent. A bail agent license shall be automatically suspended if the bond is not in force or is otherwise impaired or unavailable to the Department. Current licensees who either do not currently have a bond filed with the Department or were required to provide a bond in an amount less than $50,000 at the time of their license applications under prior law shall file with the Department a new bond in the minimum amount of $50,000 within 1 year of the effective date of the increased bond requirement. (b) The bond shall have the following characteristics:  (1) The bond must be conditioned upon a full accounting and payment to the person entitled thereto of money, property or other matters coming into the licensee's possession through bail bond transactions under the license. (2) The bond shall be in favor of the State and shall specifically authorize recovery by the Commissioner of the damages sustained if the licensee violates any of the terms of the license or the applicable laws and regulations of this State. (3) The aggregate liability of the surety for all damages shall not exceed the amount of the bond. (4) The bond must remain in force until released by the Commissioner, or cancelled by the surety. The surety may cancel the bond upon 30-days' written notice to the licensee and the Commissioner provided that the surety shall remain liable for any obligation arising under the bond prior to the effective date of cancellation or termination. (c) [Repealed.] 76 Del. Laws, c. 394, §  2;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 177, §  1;  83 Del. Laws, c. 183, § 6;
18 DE Code § 4337. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 43. Surety Insurance Contracts|Subchapter II. Bail Bond Agents|§ 4337. Examination for license as bail agent.

§ 4337. Examination for license as bail agent. (a) Any natural person who intends to apply for a license as a bail agent, must personally take and pass a written examination of that person's competence to act as such. After passing the examination, the person may apply to the Commissioner for a bail agent license. (b) The scope of the examination shall encompass all aspects of the bail bond business as shall be determined by the Department. (c) The Department may make arrangements for administration and grading by an independent testing service. (d) Any individual who fails to appear for the examination as scheduled or fails to pass the examination may reapply for a reexamination and remit all required fees and forms before being permitted to take the reexamination. (e) All examination score reports are valid for a period of 12 months from the date of examination. (f) A bail agent, whose license lapses and whose license is not suspended or revoked is exempt from retaking the examination required by this section if the bail agent applies for and is reinstated within 12 months after the date of lapse. All fees and fines associated with the lapsed and reinstated license must be paid in full prior to the Department's approval of the request for reinstatement. 76 Del. Laws, c. 394, §  2;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 177, §  1;
18 DE Code § 4339. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 43. Surety Insurance Contracts|Subchapter II. Bail Bond Agents|§ 4339. Waiver of license fee.

§ 4339. Waiver of license fee. A licensed bail agent who is unable to comply with license renewal procedures due to military service or some other extenuating circumstance approved by the Commissioner may request a waiver of license fees and/or the extension of time to reinstate a license under such procedures as may be established by the Department. The bail agent may also request a waiver of any examination requirement or any other fine or sanction imposed for failure to comply with renewal procedures as a result of such military service or approved extenuating circumstance. 76 Del. Laws, c. 394, §  2;
18 DE Code § 4340. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 43. Surety Insurance Contracts|Subchapter II. Bail Bond Agents|§ 4340. Contractual services.

§ 4340. Contractual services. (a) In order to assist in the performance of the Department's duties, the Commissioner may contract with nongovernmental entities, including the National Association of Insurance Commissioners (NAIC) or any affiliates or subsidiaries that the NAIC oversees, to perform any ministerial functions, including the collection of fees, related to bail agent licensing that the Commissioner and the nongovernmental entity may deem appropriate. (b) The Commissioner may participate, in whole or in part, with the NAIC, or any affiliates or subsidiaries the NAIC oversees, in a centralized producer license registry where bail agent licenses and appointments may be centrally or simultaneously affected for all states that require a bail agent license and participate in such centralized producer license registry. If the Commissioner finds that participation in such a centralized producer license registry is in the public interest, the Commissioner may adopt by rule any uniform standards and procedures as necessary to participate in the registry including the central collection of all fees for licenses or appointments that are processed through the registry. 76 Del. Laws, c. 394, §  2;  79 Del. Laws, c. 177, §  1;
18 DE Code § 4342. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 43. Surety Insurance Contracts|Subchapter II. Bail Bond Agents|§ 4342. Transfer bonds.

§ 4342. Transfer bonds. A bail agent who is licensed by another state, but is not licensed as a bail agent in Delaware, may post a bail bond in Delaware only through a transfer bond posted by a bail agent licensed by the Department. Every Delaware bail agent who executes or countersigns a transfer bond shall indicate in writing on the bond the name and address of the referring bail bond agent, the transfer fee charged, the total premium charged, the total amount collected and the remaining balance owed. The Delaware licensed agent shall be responsible to assure compliance with all provisions of this subchapter with respect to the bond including but not limited to, the charging and collection of the appropriate premiums filed with and approved by the Department. 79 Del. Laws, c. 177, §  1;
18 DE Code § 4343. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 43. Surety Insurance Contracts|Subchapter II. Bail Bond Agents|§ 4343. Termination of appointment.

§ 4343. Termination of appointment. (a) A surety may terminate an appointment of a surety bail agent at any time. The surety shall promptly give written notice of termination and the effective date thereof to the Department, on forms approved by the Department and to the surety bail agent if reasonably possible. The Department may require the surety to provide reasonable proof that the surety has also given such a notice to the surety bail agent unless there are valid reasons why such notice can or should not be given by the surety. (b) Accompanying each notice of termination given to the Department, the surety shall file a statement of the cause, if any, for the termination. Any information or documents so disclosed to the Department shall be deemed a confidential document, disclosure of which shall be governed by the provisions of § 1716(f) of this title. (c) No agreement between a surety and a surety bail agent or between an employing bail agent and a licensed bail agent shall affect the Department's termination of the appointment or license if the termination is requested by the insurer or the employing bail agent. (d) The Department shall notify the courts upon the termination, suspension or revocation of a bail license. (e) A bail agent's license that is otherwise in good standing with the Department shall be immediately suspended and be subject to revocation by the Department upon notice from a court that the bail agent has been struck from the list of approved bail agents by the court or courts. 76 Del. Laws, c. 394, §  2;  79 Del. Laws, c. 177, §  1;
18 DE Code § 4344. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 43. Surety Insurance Contracts|Subchapter II. Bail Bond Agents|§ 4344. Bail agents and designated bail agents: special requirements.

§ 4344. Bail agents and designated bail agents: special requirements. (a) A bail agent may be concurrently employed or licensed by 1 surety bail bond agent, and either 1 property bail agent or 1 bail agent business entity. A bail agent shall not concurrently be employed or licensed by more than 1 surety bail agent, or more than 1 property bail agents or bail agent business entity. (b) The designated bail agent is responsible for the acts or omissions of the bail agents employed or operating under the designated bail agent's authority only insofar as the bail agent is acting within the scope of that bail agent's employment or authority. (c) The bail agent shall maintain that bail agent's office with that of the designated bail agent by whom he or she is employed. (d) The bail agent's license must remain in the custody of the designated bail agent by whom he or she is employed. Upon termination of such employment as a bail agent, the designated bail agent shall give written notice of the reasons thereof to the Department. (e), (f) [Repealed.] 76 Del. Laws, c. 394, §  2;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 2, §  3;  79 Del. Laws, c. 177, §  1;  83 Del. Laws, c. 183, § 9;
18 DE Code § 4345. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 43. Surety Insurance Contracts|Subchapter II. Bail Bond Agents|§ 4345. Registration with the courts.

§ 4345. Registration with the courts. No bail agent may operate under a license from the Department unless the bail agent has registered with and been approved by the courts of this State according to such rules and procedures as the courts shall have established. Nothing in this subchapter shall limit the authority of the various courts of the State to regulate the manner in which bail agents conduct business within the courts of the State, including, but not limited to, imposing sanctions for violations of any laws or administrative rules established by the courts notwithstanding the fact that such bail agent may be duly licensed by the Department of Insurance. 76 Del. Laws, c. 394, §  2;  79 Del. Laws, c. 177, §  1;
18 DE Code § 4346. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 43. Surety Insurance Contracts|Subchapter II. Bail Bond Agents|§ 4346. Bail agent: place of business; display of licenses and fees charged; retention of records at place of business.

§ 4346. Bail agent: place of business; display of licenses and fees charged; retention of records at place of business. (a) Every bail agent shall have and maintain in this State a principal place of business accessible to the public, and identified by a sign clearly visible to the public. The address of this principal place of business must appear upon the application for a license and upon the license, when issued, and the licensee shall notify the Department in writing of any change in that address within 30 days of such change. This subsection does not prohibit a licensee from conducting business from a residence in this State, provided that it meets all other requirements applicable to offices of bail agents. (b) The licenses of the designated bail agent, and of those bail agents employed or authorized by the designated bail agent, and the fees charged for services rendered, must be conspicuously displayed in the principal place of business in a place or area customarily open to the public. (c) The designated bail agent and those bail agents employed or authorized to operate under the designated bail agent's auspices shall maintain all of their business records at the principal place of business identified in the license issued by the Department. (d) [Repealed.] 76 Del. Laws, c. 394, §  2;  79 Del. Laws, c. 177, §  1;
18 DE Code § 4349. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 43. Surety Insurance Contracts|Subchapter II. Bail Bond Agents|§ 4349. Notice to law enforcement; bail enforcement agents.

§ 4349. Notice to law enforcement; bail enforcement agents. (a) After a warrant or capias has been issued for a defendant's failure to appear, a bail agent having knowledge of the whereabouts of the defendant shall immediately notify the law-enforcement agency closest to the defendant's location of:  (1) The identity of the defendant; (2) The identity of the bail agent; (3) The location of the defendant where law-enforcement officers might be able to obtain custody of the defendant; and (4) Whether the bail agent has retained a bail enforcement agent and/or notified a bail enforcement agent of the defendant's location. (b) A bail agent may employ the services of a bail enforcement agent or similar person under such terms as may be permissible by law, regulation and/or court rule, the costs of which may be assessed to the indemnitor. 76 Del. Laws, c. 394, §  2;  79 Del. Laws, c. 177, §  1;
18 DE Code § 4350. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 43. Surety Insurance Contracts|Subchapter II. Bail Bond Agents|§ 4350. Prohibited acts; persons who may not be bail agents.

§ 4350. Prohibited acts; persons who may not be bail agents. (a) A bail agent shall not:  (1) Suggest or advise the employment of or name for employment any particular attorney to represent the defendant. (2) Solicit business in or about any place where prisoners are confined or in or about any court. (3) Pay a fee or rebate or give or promise anything of value to any person in order to secure a settlement, compromise, remission or reduction of the amount of any undertaking or bail bond. (4) Pay a fee or rebate or give anything of value to an attorney in bail bond matters, except for legal services actually rendered. (5) Pay a fee or rebate or give or promise anything of value to the defendant or anyone in the defendant's behalf. (6) Participate in the capacity of an attorney at a trial or hearing of a person on whose bond that bail agent is surety, except for the purposes of surrendering the defendant, making motions to set aside orders of bail forfeitures and motions to exonerate bails and protecting that bail agent's financial interest in such a bond. (b) The following persons may not be bail agents, and shall not, directly or indirectly, receive any benefits from the execution of any bail bond:  (1) Jailers; (2) Police officers; (3) Any person acting in a judicial capacity, including but not limited to justices, judges, alderman, commissioners, clerks, etc.; (4) Sheriffs, deputy sheriffs and constables; (5) Attorneys or persons employed in an attorney's office; (6) Any person having the power to arrest or having anything to do with the control of federal, state, county or municipal prisoners; and (7) Prisoners incarcerated in any jail, prison or any other place used for the incarceration of persons. (c) A bail agent shall not sign or countersign in blank any bond, or give the power of attorney to, or otherwise authorize, anyone to countersign that bail agent's name to bonds unless the person so authorized is a licensed bail agent directly employed by the agent giving the power of attorney. (d) A bail agent, shall not advertise or hold himself or herself out to be a surety insurance company. (e) No bail or bail agent business entity may conduct any business or advertise in this State under any firm or trade name that:  (1) Is false, misleading or deceptive; (2) Implies any connection with any government agency; or (3) Is not registered, licensed, and approved by the Department. Any advertisement shall prominently display the registered name and license number of the bail agent, bail agent business entity. No advertisement may use terms such as “discounted” rates. No bail agent may use more than 2 trade names. (f) No person shall advertise or represent that it does bail bond business in this State unless the person is licensed under § 4334 of this title. 76 Del. Laws, c. 394, §  2;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 177, §  1;  83 Del. Laws, c. 183, § 10;
18 DE Code § 4351. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 43. Surety Insurance Contracts|Subchapter II. Bail Bond Agents|§ 4351. Justification of suretyship.

§ 4351. Justification of suretyship. A surety bail agent shall justify that bail agent's suretyship by attaching a copy of the power of attorney issued to that surety bail agent by the surety insurer to each bond. 76 Del. Laws, c. 394, §  2;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 177, §  1;
18 DE Code § 4352. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 43. Surety Insurance Contracts|Subchapter II. Bail Bond Agents|§ 4352. Reporting of actions; responding to Department inquiries.

§ 4352. Reporting of actions; responding to Department inquiries. (a) A bail agent, and the bail agent's managing general agent or surety insurer, shall report to the Department in writing:  (1) Any administrative action taken against the bail agent in another jurisdiction or by another governmental agency in this State within 30 days of the final disposition of the matter. This report shall include a copy of the order, consent to order, or other relevant legal documents. (2) Any bankruptcy proceeding, action, or order in this State or another jurisdiction concerning such bail agent or bail agent business entity not later than 30 days after initiation of such proceeding, action, or order. The written notice required under this subsection shall be accompanied by all supporting documentation. (b) A bail agent and the bail agent's managing general agent or surety insurer shall report to the Commissioner in writing not later than 30 days after receiving notice of or learning that a bail agent has been charged with, arrested for, pleaded guilty or nolo contendere to, or been found guilty of, a felony or a crime which includes an element of dishonesty or fraud or involves moral turpitude, or a crime punishable by imprisonment of 1 year or more under the law of any state. The report shall include a copy of the initial complaint filed, the order resulting from the hearing, and any other relevant legal documents. (c) All persons licensed under this subchapter shall provide preliminary substantive responses to inquiries from the Department regarding violations of this title or any lawful order, rule, or regulation of the Commissioner, within 21 days of such inquiry. All responses required under this subsection shall be in writing and shall be accompanied by all supporting documentation. Failure to timely respond to Department inquiries shall result in a penalty pursuant to § 4354(d) of this title. 76 Del. Laws, c. 394, §  2;  79 Del. Laws, c. 177, §  1;  83 Del. Laws, c. 183, § 11;
18 DE Code § 4353. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 43. Surety Insurance Contracts|Subchapter II. Bail Bond Agents|§ 4353. Regulations.

§ 4353. Regulations. The Commissioner may promulgate such regulations as are necessary or proper to carry out the purposes of this subchapter. 76 Del. Laws, c. 394, §  2;