reglab/housing_qa huggingface dataset:
UT Code § 31A-35-402 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 35 - Bail Bond Act|Part 4 - Certificate of Authority|Section 402 - Authority related to bail bonds.

 Effective 5/12/2020  31A-35-402. Authority related to bail bonds.    (1) A bail bond agency may only sell bail bonds.     (2) In accordance with Section 31A-23a-205, a bail bond producer may not execute or issue a bail bond in this state without holding a current appointment from a surety insurer or a current designation from a bail bond agency.     (3) A bail bond agency or surety insurer may not allow any person who is not a bail bond producer to engage in the bail bond insurance business on the bail bond agency's or surety insurer's behalf, except for individuals:   (a) employed solely for the performance of clerical, stenographic, investigative, or other administrative duties that do not require a license as:   (i) a bail bond agency; or     (ii) a bail bond producer; and       (b) whose compensation is not related to or contingent upon the number of bail bonds written.      Amended by Chapter 32, 2020 General Session
UT Code § 31A-35-403 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 35 - Bail Bond Act|Part 4 - Certificate of Authority|Section 403 - Exemptions to licensing requirements.

31A-35-403. Exemptions to licensing requirements.  This chapter does not affect the negotiation through a licensed producer for, or the execution or delivery of, an undertaking of bail executed by an insurer for its insured under a policy of automobile insurance or of liability insurance upon the automobile of the insured.  Amended by Chapter 298, 2003 General Session
UT Code § 31A-35-404 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 35 - Bail Bond Act|Part 4 - Certificate of Authority|Section 404 - Minimum financial requirements for bail bond agency license.

 Effective 5/5/2021  31A-35-404. Minimum financial requirements for bail bond agency license.    (1)   (a) A bail bond agency that pledges the assets of a letter of credit from a Utah depository institution in connection with a judicial proceeding shall maintain an irrevocable letter of credit with a minimum face value of $300,000 assigned to the state from a Utah depository institution.     (b) Notwithstanding Subsection (1)(a), a bail bond agency described in Subsection (1)(a) that is licensed under this chapter on or before December 31, 1999, shall maintain an irrevocable letter of credit with a minimum face value of $250,000 assigned to the state from a Utah depository institution.       (2)   (a) A bail bond agency that pledges personal or real property, or both, as security for a bail bond in connection with a judicial proceeding shall maintain a verified financial statement for the current year:   (i) reviewed by a certified public accountant; and     (ii) showing a minimum net worth of:   (A) $300,000, at least $100,000 of which is in liquid assets; or     (B) if the bail bond agency is licensed under this chapter on or before December 31, 1999, $250,000, at least $50,000 of which is in liquid assets.         (b) For purposes of this Subsection (2), only real or personal property located in Utah may be included in the net worth of the bail bond agency.       (3) A bail bond agency shall maintain a qualifying power of attorney issued by a surety insurer if:   (a) the bail bond agency is the agent of the surety insurer; and     (b) the surety insurer:   (i) sells bail bonds;     (ii) is in good standing in its state of domicile; and     (iii) is granted a certificate to write bail bonds in Utah.         (4) The commissioner may revoke the license of a bail bond agency that fails to maintain the minimum financial requirements required under this section.     (5) The commissioner may set by rule the limits on the aggregate amounts of bail bonds issued by a bail bond agency.    Amended by Chapter 252, 2021 General Session
UT Code § 31A-35-405 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 35 - Bail Bond Act|Part 4 - Certificate of Authority|Section 405 - Issuance of license -- Denial -- Right of appeal.

 Effective 5/14/2019  31A-35-405. Issuance of license -- Denial -- Right of appeal.    (1) After the commissioner receives a complete application, fee, and any additional information in accordance with Section 31A-35-401, the board shall determine whether the applicant meets the requirements for issuance of a license under this chapter.     (2)   (a) If the board determines that the applicant meets the requirements for issuance of a license under this chapter, the commissioner shall issue to that person a bail bond agency license.     (b) If the board determines that the applicant does not meet the requirements for issuance of a license under this chapter, the commissioner shall make a final determination as to whether to issue a license under this chapter.       (3)   (a) If the commissioner denies an application for a bail bond agency license under this chapter, the commissioner shall provide prompt written notification of the denial by commencing an informal adjudicative proceeding in accordance with Title 63G, Chapter 4, Administrative Procedures Act.     (b) An applicant may request a hearing on a denial of an application for a bail bond agency license within 15 days after the day on which the commissioner issues the denial.     (c) The commissioner shall hold a hearing no later than 60 days after the day on which the commissioner receives a request for a hearing described in Subsection (3)(b).      Amended by Chapter 193, 2019 General Session
UT Code § 31A-35-406 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 35 - Bail Bond Act|Part 4 - Certificate of Authority|Section 406 - Initial licensing, license renewal, and license reinstatement.

 Effective 5/5/2021  31A-35-406. Initial licensing, license renewal, and license reinstatement.    (1) An applicant for an initial bail bond agency license shall:   (a) complete and submit to the department an application;     (b) submit to the department, as applicable, a copy of the applicant's:   (i) irrevocable letter of credit, as required under Subsection 31A-35-404(1);     (ii) verified financial statement, as required under Subsection 31A-35-404(2); or     (iii) qualifying power of attorney, as required under Subsection 31A-35-404(3); and       (c) pay the department the applicable renewal fee established in accordance with Section 31A-3-103.       (2)   (a) A license under this chapter expires annually effective at midnight on August 14.     (b) To renew a bail bond agency license issued under this chapter, on or before July 15, the bail bond agency shall:   (i) complete and submit to the department a renewal application that includes certification that:   (A) a principal of the agency attended or participated by telephone in at least one entire board meeting during the 12-month period before July 15; and     (B) as of May 1, the agency complies with aggregate bond limits established by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;       (ii) submit to the department, as applicable, a copy of the applicant's:   (A) irrevocable letter of credit, as required under Subsection 31A-35-404(1);     (B) verified financial statement, as required under Subsection 31A-35-404(2); or     (C) qualifying power of attorney, as required under Subsection 31A-35-404(3); and       (iii) pay the department the applicable renewal fee established in accordance with Section 31A-3-103.       (c) A bail bond agency shall renew the bail bond agency's license under this chapter annually as established by department rule, regardless of when the license is issued.       (3)   (a) A bail bond agency may apply for reinstatement of an expired bail bond agency license within one year after the day on which the license expires by complying with the renewal requirements described in Subsection (2).     (b) If a bail bond agency license has been expired for more than one year, the person applying for reinstatement of the bail bond agency license shall comply with the initial licensing requirements described in Subsection (1).       (4) If a bail bond agency license is suspended, the applicant may not submit an application for a bail bond agency license until after the day on which the period of suspension ends.     (5) The department shall deposit a fee collected under this section in the restricted account created in Section 31A-35-407.    Amended by Chapter 252, 2021 General Session
UT Code § 31A-35-407 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 35 - Bail Bond Act|Part 4 - Certificate of Authority|Section 407 - Restricted account.

 Effective 5/10/2016  31A-35-407. Restricted account.    (1) There is created within the General Fund a restricted account known as the "Bail Bond Administration Account."     (2)   (a) The account shall be funded from the fees imposed under this chapter.     (b) The department shall deposit all fees collected under this part into the account.     (c) The funds in the account shall be used by the department to administer this chapter.     (d) The account shall earn interest, which shall be deposited into the account.       (3) The department shall, at the end of each quarter, provide to the board an itemized accounting that includes the balances at the beginning and the end of the quarter. The department shall provide the report no later than the 30th day of the month subsequent to the last month of the required quarterly report.    Amended by Chapter 234, 2016 General Session
UT Code § 31A-35-501 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 35 - Bail Bond Act|Part 5 - Action Regarding a Certificate|Section 501 - Emergency action regarding a license.

 Effective 5/10/2016  31A-35-501. Emergency action regarding a license.    (1) If the commissioner determines, based on an investigation, that the public health, safety, or welfare requires emergency action, the commissioner may order a summary suspension of a bail bond agency license pending proceedings for revocation or other action.     (2) The order described in Subsection (1) shall:   (a) state the grounds upon which the summary suspension is issued, including the charges made against the licensee; and     (b) advise the licensee of the right to an administrative hearing before the commissioner within 60 days after the summary suspension is ordered.      Amended by Chapter 234, 2016 General Session
UT Code § 31A-35-502 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 35 - Bail Bond Act|Part 5 - Action Regarding a Certificate|Section 502 - Notification of violation of chapter.

 Effective 5/10/2016  31A-35-502. Notification of violation of chapter.  If the commissioner has reason to believe a person licensed as a bail bond agency, surety insurer, or bail bond producer has violated this chapter, written notice shall be sent to that person, advising the person of:  (1) the alleged violation;     (2) the commissioner's authority to take action against the person's license;     (3) the person's right to an administrative hearing under Title 63G, Chapter 4, Administrative Procedures Act; and     (4) the period of time within which the hearing described in Subsection (3) shall be requested if the person requests a hearing.    Amended by Chapter 234, 2016 General Session
UT Code § 31A-35-503 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 35 - Bail Bond Act|Part 5 - Action Regarding a Certificate|Section 503 - Disciplinary action -- Hearing -- Appeal.

 Effective 5/10/2016  31A-35-503. Disciplinary action -- Hearing -- Appeal.    (1) Based on information the commissioner receives during a hearing described in Section 31A-35-502 regarding a person licensed as a bail bond agency or bail bond producer, the commissioner may:   (a) dismiss the complaint if the commissioner finds it is without merit;     (b) fix a period and terms of probation best adopted to educate the person;     (c) place the license on suspension for a period of not more than 12 months;     (d) impose a forfeiture pursuant to Section 31A-2-308; or     (e) revoke the license.       (2) The commissioner shall advise the person described in Subsection (1) in writing of:   (a) the commissioner's findings based on the hearing; and     (b) the person's rights of appeal under this chapter.       (3)   (a) Unless the conditions of Subsection (3)(b) are met, if a bail bond agency license is suspended or revoked under this chapter, a member, employee, officer, or director of that corporation may not:   (i) be licensed as a bail bond agency or bail bond producer; or     (ii) be designated in any license to exercise authority under this chapter during the period of the suspension or revocation.       (b) Subsection (3)(a) does not apply if the commissioner determines upon substantial evidence that the member, employee, officer, or director:   (i) was not personally at fault; and     (ii) did not acquiesce in the matter on account of which the license was suspended or revoked.        Amended by Chapter 234, 2016 General Session
UT Code § 31A-35-601 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 35 - Bail Bond Act|Part 6 - Conduct of Bail Bond Business|Section 601 - Acts of producer or agent.

 Effective 5/10/2016  31A-35-601. Acts of producer or agent.    (1) The acts or conduct of any bail bond producer who acts within the scope of the authority delegated to the producer by the bail bond agency or surety insurer are considered to be the acts or conduct of the bail bond agency or surety insurer for which the bail bond producer is acting as agent.     (2) The acts or conduct of any bail bond agency that acts within the scope of the authority delegated to the bail bond agency by the surety insurer are considered to be the acts or conduct of the surety insurer.     (3)   (a) Bail bond agencies and surety insurers are not liable for the actions of bail enforcement agents, bail recovery agents, or bail recovery apprentices.     (b) Bail enforcement agent, bail recovery agent, and bail recovery apprentice mean the same as those terms are defined in Section 53-11-102.      Amended by Chapter 234, 2016 General Session
UT Code § 31A-35-602 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 35 - Bail Bond Act|Part 6 - Conduct of Bail Bond Business|Section 602 - Place of business -- Records to be kept at place of business.

 Effective 5/10/2016  31A-35-602. Place of business -- Records to be kept at place of business.    (1)   (a) A bail bond agency shall have and maintain in this state a place of business:   (i) accessible to the public; and     (ii) where the bail bond agency principally conducts transactions authorized by its bail bond agency license.       (b) The address of the place of business described in Subsection (1)(a) shall appear upon:   (i) the application for a bail bond agency license; and     (ii) a bail bond agency license issued under this chapter.       (c) In addition to complying with Subsection (1)(b), a bail bond agency shall register and maintain with the commissioner the following at which the commissioner may contact the bail bond agency:   (i) a telephone number; and     (ii) a business email address.       (d) A bail bond agency shall notify the commissioner within 20 days of a change in the bail bond agency's:   (i) place of business address;     (ii) telephone number; and     (iii) business email address.       (e) This section does not prohibit a bail bond agency from maintaining the place of business required under this section in the licensee's residence, if the residence is in Utah.       (2) The bail bond agency shall keep at the place of business described in Subsection (1)(a) the records required under Section 31A-35-604.    Amended by Chapter 234, 2016 General Session
UT Code § 31A-35-604 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 35 - Bail Bond Act|Part 6 - Conduct of Bail Bond Business|Section 604 - Records.

 Effective 5/10/2016  31A-35-604. Records.    (1) A bail bond producer shall maintain at the bail bond producer's place of business:   (a) records of all bail bonds the bail bond producer executes or countersigns, so the public may obtain all necessary information concerning those bail bonds for not less than the current calendar year plus the three prior years after the liability of the bail bond agency or surety insurer has been terminated; and     (b) any additional information the commissioner may reasonably require by rule.       (2) Records required to be maintained under Subsection (1) shall be available for examination by the commissioner or the commissioner's representatives during regular business hours.     (3) The bail bond agency shall maintain for not less than the current calendar year and the three years after receipt all records of any bail bond executed or countersigned by a bail bond producer appointed by the bail bond agency.    Amended by Chapter 234, 2016 General Session
UT Code § 31A-35-605 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 35 - Bail Bond Act|Part 6 - Conduct of Bail Bond Business|Section 605 - Guarantors -- Agreement and enforcement.

 Effective 5/10/2016  31A-35-605. Guarantors -- Agreement and enforcement.    (1) All agreements of persons to act as guarantor for a bail bond shall be in writing or reduced to writing as soon as possible after completion.     (2) When a person executes an agreement to act as a guarantor, the bail bond agency or the bail bond producer shall deliver to that person a copy of the agreement promptly upon that person's execution of the agreement.     (3) A bail bond producer may not enforce any guarantor agreement without disclosing to the guarantor all collateral held by the bail bond producer indemnifying the bail bond to which the agreement relates, and the identity of each other guarantor.    Amended by Chapter 234, 2016 General Session
UT Code § 31A-35-606 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 35 - Bail Bond Act|Part 6 - Conduct of Bail Bond Business|Section 606 - Bail agreement prior to commission of offense prohibited.

 Effective 5/10/2016  31A-35-606. Bail agreement prior to commission of offense prohibited.  A bail bond agency or bail bond producer may not enter into an agreement or arrangement with any person, guaranteeing or assuring in advance of the commission of any offense that bail will be furnished to that person or any other party if arrested. Amended by Chapter 234, 2016 General Session
UT Code § 31A-35-607 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 35 - Bail Bond Act|Part 6 - Conduct of Bail Bond Business|Section 607 - Filing of forms -- Commissioner maintains files.

 Effective 5/10/2016  31A-35-607. Filing of forms -- Commissioner maintains files.    (1)   (a) In accordance with Section 31A-21-201, a bail bond agency that meets the financial capacity requirements through the use of a letter of credit, personal property, real property, or a surety insurer shall file with the commissioner a copy of each form the bail bond agency or surety insurer uses in the bail bond insurance business.     (b) A surety insurer filing shall comply with the following:   (i) a form shall be identified by a unique form number;     (ii) a form shall include the address, telephone number, and business email address of the bail bond agency and the surety insurer;     (iii) the surety insurer shall file a form on behalf of each bail bond agency appointed to write on behalf of the surety insurer;     (iv) once a filing is filed with the commissioner, it is the responsibility of the surety insurer to verify that the bail bond agency and its producers are using the correct form;     (v) a bail bond agency and its bail bond producers are prohibited from using a form that has not been filed by the surety insurer; and     (vi) a bail bond agency and its bail bond producers are prohibited from making changes to a form that is filed by the surety insurer.       (c) A bail bond agency filing, for a bail bond agency that meets the financial capacity requirements through the use of a letter of credit, personal property, or real estate, shall comply with the following:   (i) a form shall be identified by a unique form number;     (ii) a form shall include the address, telephone number, and business email address of the bail bond agency;     (iii) once a filing is filed with the commissioner, it is the responsibility of the bail bond agency to verify that its bail bond producers are using the correct form;     (iv) a bail bond producer is prohibited from using a form that has not been filed by the bail bond agency; and     (v) a bail bond producer is prohibited from making changes to a form that is filed by the bail bond agency.         (2) A form described in Subsection (1) shall be filed 30 days before the form:   (a) is first used by the bail bond agency or surety insurer; and     (b) is changed after it is filed under Subsection (2)(a).       (3)   (a) The commissioner shall maintain and make available for public inspection a file regarding each bail bond agency and each surety insurer.     (b) A bail bond agency and surety insurer shall maintain a form required to be filed under this section in the office of the bail bond agency or surety insurer.      Amended by Chapter 234, 2016 General Session
UT Code § 31A-35-608 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 35 - Bail Bond Act|Part 6 - Conduct of Bail Bond Business|Section 608 - Premiums and authorized charges.

 Effective 5/10/2016  31A-35-608. Premiums and authorized charges.    (1) A bail bond agency or bail bond producer may not, in any bail transaction or in connection with that transaction, directly or indirectly, charge or collect money or other valuable consideration from any person except to:   (a) pay the premium on the bail at the rates established by the bail bond agency or surety insurer;     (b) provide collateral;     (c) reimburse the bail bond agency or bail bond producer for actual expenses, as described in Subsection (2), incurred in connection with the bail bond transaction; or     (d) reimburse the bail bond agency or bail bond producer, or to establish a right of action against the principal or any indemnitor, for actual expenses the bail bond agency or bail bond producer incurred:   (i) in good faith; and     (ii) which were by reason of breach by the defendant of any of the terms of the written agreement under which the undertaking of bail or bail bond was written.         (2)   (a) A bail bond agency or surety insurer may bring an action in a court of law to enforce its equitable rights against the principal and the principal's indemnitors in exoneration if:   (i) a bail bond producer did not establish a written agreement; or     (ii) there is only an incomplete writing.       (b) Reimbursement claimed under this Subsection (2) may not exceed the sum of:   (i) the principal sum of the bail bond or undertaking; and     (ii) any reasonable expenses that:   (A) are verified by receipt;     (B) in total do not amount to more than the principal sum of the bail bond or undertaking; and     (C) are incurred in good faith by the bail bond agency, its bail bond producers, and the bail bond agency's employees by reason of the principal's breach.           (3) This section does not affect or impede the right of a bail bond producer to execute undertaking of bail on behalf of a nonresident producer of the bail bond agency or surety insurer the bail bond producer represents.     (4) A bail bond agency or surety insurer shall maintain complete records of all current and closed accounts receivable regarding financed premiums for the current calendar year and the three prior years.     (5) If the bail amount on the original charge is increased by the court, the bail premium paid on the original bond may be applied to the bail premium due on the increased bail amount for that charge.    Amended by Chapter 234, 2016 General Session