reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.505 - Application for certificate, content, form, fee.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 10 Jul 1991, see footnote
374.505. Application for certificate, content, form, fee. —
1. An applicant for a certificate shall:
(1) Submit an application to the department of commerce and insurance; and
(2) Pay to the department of commerce and insurance the application fee established by the department through regulation.
2. The application shall:
(1) Be on a form and accompanied by any reasonably related supporting documentation that the department of commerce and insurance requires; and
(2) Be signed and verified by the applicant.
3. The application fee required under this subsection shall be sufficient to pay for the administrative cost of the certification program and any other cost associated with carrying out the provisions of sections 374.500 to 374.515.
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(L. 1991 S.B. 352 § 3)
Effective 7-10-91
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.507 - Information may be required by department of commerce and insurance.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 1997
374.507. Information may be required by department of commerce and insurance. —
In conjunction with the application, the utilization review agent shall submit additional information as required by the department of commerce and insurance.
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(L. 1991 S.B. 352 § 4, A.L. 1997 H.B. 335)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.510 - Minimum requirements for utilization review agents.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 1997
374.510. Minimum requirements for utilization review agents. —
1. All utilization review agents shall meet the minimum requirements set forth in sections 376.1350 to 376.1390.
2. All utilization review agents certified before September 1, 1997, shall meet the requirements set forth in sections 376.1350 to 376.1390 by January 1, 1998, or such certification shall be deemed invalid.
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(L. 1991 S.B. 352 § 5, A.L. 1997 H.B. 335)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.512 - Violation of regulations, notice to agent — powers of director to discipline — penalties.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 2007
374.512. Violation of regulations, notice to agent — powers of director to discipline — penalties. —
1. Whenever the director has reason to believe that a utilization review agent subject to sections 374.500 to 374.515 has been or is engaged in conduct which violates the provisions of sections 374.500 to 374.515, the director shall notify the utilization review agent of the alleged violation. The utilization review agent shall have thirty days from the date the notice is received to respond to the alleged violation.
2. If the director determines that the utilization review agent has engaged, is engaging in, or has taken a substantial step toward engaging in an act, practice or course of business constituting a violation of sections 374.500 to 374.515 or a rule adopted or order issued pursuant thereto, or that a person has materially aided or is materially aiding an act, practice, omission, or course of business constituting a violation of sections 374.500 to 374.515 or a rule adopted or order issued pursuant thereto, the director may issue such administrative orders as authorized under section 374.046. A violation of any of these sections is a level two violation under section 374.049. The director may also suspend or revoke the license or certificate of authority of such person for any willful violation.
3. If the director believes that a person has engaged, is engaging in, or has taken a substantial step toward engaging in an act, practice or course of business constituting a violation of sections 374.500 to 374.515 or a rule adopted or order issued pursuant thereto, or that a person has materially aided or is materially aiding an act, practice, omission, or course of business constituting a violation of sections 374.500 to 374.515 or a rule adopted or order issued pursuant thereto, the director may maintain a civil action for relief authorized under section 374.048. A violation of any of these sections is a level two violation under section 374.049.
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(L. 1991 S.B. 352 § 6 subsecs. 1, 2, 3, A.L. 2007 S.B. 66)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.515 - Rules and regulations authorized.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 1993
374.515. Rules and regulations authorized. —
The director may promulgate such rules and regulations necessary to implement the provisions of sections 374.500 to 374.515, pursuant to the provisions of section 374.045 and chapter 536.
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(L. 1991 S.B. 352 § 6 subsecs. 4 to 8, A.L. 1993 S.B. 52)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.695 - Citation of law.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 01 Jan 2005, see footnote
374.695. Citation of law. —
Sections 374.695 to 374.789 may be known and shall be cited as the "Professional Bail Bondsman and Surety Recovery Agent Licensure Act".
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(L. 2004 S.B. 1122)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.700 - Definitions.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 01 Jan 2005, 2 histories, see footnote
374.700. Definitions. —
As used in sections 374.695 to 374.789, the following terms shall mean:
(1)
"Bail bond agent"
, a surety agent or an agent of a property bail bondsman who is duly licensed pursuant to the provisions of sections 374.695 to 374.789, is employed by and is working under the authority of a licensed general bail bond agent;
(2)
"Bail bond or appearance bond"
, a bond for a specified monetary amount which is executed by the defendant and a qualified licensee pursuant to sections 374.695 to 374.789, and which is issued to a court or authorized officer as security for the subsequent court appearance of the defendant upon the defendant's release from actual custody pending the appearance;
(3)
"Department"
, the department of commerce and insurance of the state of Missouri;
(4)
"Director"
, the director of the department of commerce and insurance;
(5)
"General bail bond agent"
, a surety agent or a property bail bondsman, as defined in sections 374.700 to 374.775, who is licensed in accordance with sections 374.700 to 374.775 and who devotes at least fifty percent of his working time to the bail bond business in this state;
(6)
"Insurer"
, any surety insurance company which is qualified by the department to transact surety business in Missouri;
(7)
"Licensee"
, a bail bond agent or a general bail bond agent;
(8)
"Property bail bondsman"
, a person who pledges United States currency, United States postal money orders or cashier's checks or other property as security for a bail bond in connection with a judicial proceeding, and who receives or is promised therefor money or other things of value;
(9)
"Surety bail bond agent"
, any person appointed by an insurer by power of attorney to execute or countersign bail bonds in connection with judicial proceedings, and who receives or is promised money or other things of value therefor;
(10)
"Surety recovery agent"
, a person not performing the duties of a sworn peace officer who tracks down, captures and surrenders to the custody of a court a fugitive who has violated a bail bond agreement, excluding a bail bond agent or general bail bond agent;
(11)
"Taking a bail"
or
"take bail"
, the acceptance by a person authorized to take bail of the undertaking of a sufficient surety for the appearance of the defendant according to the terms of the undertaking or that the surety will pay to the court the sum specified. Taking of bail or take bail does not include the fixing of the amount of bail and no person other than a competent court shall fix the amount of bail.
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(L. 1983 S.B. 363 § 1, A.L. 2001 S.B. 267, A.L. 2004 S.B. 1122)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.702 - License required, restrictions on practice.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 01 Jan 2017, 2 histories, see footnote
374.702. License required, restrictions on practice. —
1. No person shall engage in the bail bond business as a bail bond agent or a general bail bond agent without being licensed as provided in sections 374.695 to 374.775.
2. No judge, attorney, court official, law enforcement officer, state, county, or municipal employee who is either elected or appointed shall be licensed as a bail bond agent or a general bail bond agent.
3. A licensed bail bond agent shall not execute or issue an appearance bond in this state without holding a valid appointment from a general bail bond agent and without attaching to the appearance bond an executed and prenumbered power of attorney referencing the general bail bond agent or insurer.
4. A person licensed as an active bail bond agent shall hold the license for at least two years prior to owning or being an officer of a licensed general bail bond agent.
5. A general bail bond agent shall not engage in the bail bond business:
(1) Without having been licensed as a general bail bond agent pursuant to sections 374.695 to 374.775; or
(2) Except through an agent licensed as a bail bond agent pursuant to sections 374.695 to 374.775.
6. A general bail bond agent shall not permit any unlicensed person to solicit or engage in the bail bond business on the general bail bond agent's behalf, except for individuals who are employed solely for the performance of clerical, stenographic, investigative, or other administrative duties which do not require a license pursuant to sections 374.695 to 374.789.
7. Any person who is convicted of a violation of this section is guilty of a class A misdemeanor. For any subsequent convictions, a person who is convicted of a violation of this section is guilty of a class E felony.
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(L. 2004 S.B. 1122, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.705 - Department, powers and duties — fees, how determined.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 01 Jan 2005, see footnote
374.705. Department, powers and duties — fees, how determined. —
1. The department shall administer and enforce the provisions of sections 374.695 to 374.789, prescribe the duties of its officers and employees with respect to sections 374.695 to 374.789, and promulgate, pursuant to section 374.045 and chapter 536, such rules and regulations within the scope and purview of the provisions of sections 374.695 to 374.789 as the director considers necessary and proper for the effective administration and interpretation of the provisions of sections 374.695 to 374.789.
2. The director shall set the amount of all fees authorized and required by the provisions of sections 374.695 to 374.789 by rules and regulations promulgated pursuant to chapter 536. All such fees shall be set at a level designed to produce revenue which shall not substantially exceed the cost and expense of administering the provisions of sections 374.695 to 374.789. However, such fees shall not exceed one hundred fifty dollars every two years for biennial licenses and renewable licenses for general bail bond agents as provided for in section 374.710.
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(L. 1983 S.B. 363 § 2, A.L. 1993 S.B. 52, A.L. 2004 S.B. 1122)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.710 - License required for bail bond agents, application, qualifications — exceptions.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 01 Jan 2005, see footnote
374.710. License required for bail bond agents, application, qualifications — exceptions. —
1. Except as otherwise provided in sections 374.695 to 374.775, no person or other entity shall practice as a bail bond agent or general bail bond agent, as defined in section 374.700, in Missouri unless and until the department has issued to him or her a license, to be renewed every two years as hereinafter provided, to practice as a bail bond agent or general bail bond agent.
2. An applicant for a bail bond and general bail bond agent license shall submit with the application proof that he or she has received twenty-four hours of initial basic training in areas of instruction in subjects determined by the director deemed appropriate to professionals in the bail bond profession. Bail bond agents and general bail bond agents who are licensed at the date which this act becomes law
*
shall be exempt from such twenty-four hours of initial basic training.
3. In addition to the twenty-four hours of initial basic training to become a bail bond agent or general bail bond agent, there shall be eight hours of biennial continuing education for all bail bond agents and general bail bond agents to maintain their state license. The director shall determine said appropriate areas of instruction for said biennial continuing education. The director shall determine which institutions, organizations, associations, and individuals shall be eligible to provide the initial basic training and the biennial continuing education instruction. The department may allow state institutions, organizations, associations, or individuals to provide courses for the initial basic training and the biennial continuing education training. The cost shall not exceed two hundred dollars for the initial basic training and one hundred fifty dollars for biennial continuing education.
4. Upon completion of said basic training or biennial continuing education and the licensee meeting the other requirements as provided under sections 374.695 to 374.789, the director shall issue a two-year license for the bail bond agent or general bail bond agent for a fee not to exceed one hundred fifty dollars.
5. Nothing in sections 374.695 to 374.775 shall be construed to prohibit any person from posting or otherwise providing a bail bond in connection with any legal proceeding, provided that such person receives no fee, remuneration or consideration therefor.
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(L. 1983 S.B. 363 § 3, A.L. 1995 S.B. 3, A.L. 2004 S.B. 1122)
Effective 1-01-05
*"This act" (S.B. 1122, 2004) contained effective dates of August 28, 2004, and January 1, 2005.
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.715 - Application, form, qualifications, fee — monetary assignment required, amount, effective when.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 2018, 2 histories
374.715. Application, form, qualifications, fee — monetary assignment required, amount, effective when. —
1. Applications for examination and licensure as a bail bond agent or general bail bond agent shall be in writing and on forms prescribed and furnished by the department, and shall contain such information as the department requires. Each application shall be accompanied by proof satisfactory to the department that the applicant is a citizen of the United States, has a high school diploma or general education development certificate (GED), is of good moral character, and meets the qualifications for surety on bail bonds as provided by supreme court rule. Each application shall be accompanied by the examination and application fee set by the department. Individuals currently employed as bail bond agents and general bail bond agents shall not be required to meet the education requirements needed for licensure pursuant to this section.
2. In addition, each applicant for licensure as a general bail bond agent shall furnish proof satisfactory to the department that the applicant or, if the applicant is a corporation, that each officer thereof has completed at least two years as a bail bond agent, and that the applicant possesses liquid assets of at least ten thousand dollars, along with a duly executed assignment of ten thousand dollars to the state of Missouri. The assignment shall become effective upon the applicant's violating any provision of sections 374.695 to 374.789. The assignment required by this section shall be in the form and executed in the manner prescribed by the department. The director may require by regulation conditions by which additional assignments of assets of the general bail bond agent may occur when the circumstances of the business of the general bail bond agent warrants additional funds. However, such additional funds shall not exceed twenty-five thousand dollars.
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(L. 1983 S.B. 363 § 4, A.L. 1997 S.B. 248, A.L. 2004 S.B. 1122, A.L. 2018 H.B. 1719)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.716 - Accounting required, when — records submitted to director — bail contract provided to principal.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 01 Jan 2005, see footnote
374.716. Accounting required, when — records submitted to director — bail contract provided to principal. —
1. Every bail bond agent shall account for each power of attorney assigned by the general bail bond agent on a weekly basis and remit all sums collected and owed to the general bail bond agent pursuant to his or her written contract. The general bail bond agent shall maintain the weekly accounting and remittance records for a period of three years. Such records shall be subject to inspection by the director or his or her designee during regular business hours or at other reasonable times.
2. For every bond written in this state, the licensee shall provide to the principal a copy of the bail contract.
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(L. 2004 S.B. 1122)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.717 - Prohibited acts.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 01 Jan 2005, see footnote
374.717. Prohibited acts. —
No insurer or licensee, court, or law enforcement officer shall:
(1) Pay a fee or rebate or give or promise anything of value in order to secure a settlement, compromise, remission, or reduction of the amount of any bail bond to:
(a) A jailer, police officer, peace officer, committing judge, or any other person who has power to arrest or to hold in custody any person; or
(b) Any public official or public employee;
(2) Pay a fee or rebate or give anything of value to an attorney in bail bond matters, except in defense of any action on a bond;
(3) Pay a fee or rebate or give anything of value to the principal or anyone on the principal's behalf;
(4) Accept anything of value from a principal except the premium and expenses incurred, provided that the licensee shall be permitted to accept collateral security or other indemnity from the principal in accordance with the provisions of section 374.719.
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(L. 2004 S.B. 1122)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.719 - Collateral security accepted, when — receipt required — used to reimburse costs, when — records to be retained.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 01 Jan 2005, see footnote
374.719. Collateral security accepted, when — receipt required — used to reimburse costs, when — records to be retained. —
1. A licensee may accept collateral security from the principal in a fiduciary capacity, which collateral shall be returned upon final termination of liability on the bond. When a licensee accepts collateral, the licensee shall provide a prenumbered written receipt, which shall include a detailed account of the collateral received by the licensee. The acceptance of collateral security by a bail bond agent shall be reported to the general bail bond agent.
2. The collateral security required by the licensee shall be reasonable in relation to the amount of the bond.
3. If a failure to appear, absconding or attempting to abscond, or a judgment of forfeiture on the bond has occurred, the collateral security may be used to reimburse the licensee for any costs and expenses incurred associated with the forfeiture.
4. The general bail bond agent shall retain records of the acceptance, return, or judgment of forfeiture resulting in the use of the collateral to reimburse the licensee for a period of three years.
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(L. 2004 S.B. 1122)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.720 - Examination, form, content — reexamination fee.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 1993
374.720. Examination, form, content — reexamination fee. —
1. Each applicant for licensure as a general bail bond agent, after complying with this section and the provisions of section 374.715, shall be issued a license by the department unless grounds exist under section 374.755 for denial of a license.
2. Each applicant for examination and licensure as a bail bond agent, after complying with the provisions of section 374.715, shall appear for examination at the time and place specified by the department. Such examination shall be as prescribed by the director as provided under section 375.018 and shall be designed to test the applicant's knowledge and expertise in the area of surety bonds in general and the practice of a bail bond agent, as defined in sections 374.700 to 374.775, in particular. The applicant shall be notified of the result of the examination within twenty working days of the examination. Any applicant who fails such examination may, upon reapplication and payment of the reexamination fee set by the department, retake the examination.
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(L. 1983 S.B. 363 § 5 subsecs. 1, 2, A.L. 1993 H.B. 709)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.730 - License, biannual renewal, fee.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 01 Jan 2005, see footnote
374.730. License, biannual renewal, fee. —
All licenses issued to bail bond agents and general bail bond agents under the provisions of sections 374.700 to 374.775 shall be renewed biennially, which renewal shall be in the form and manner prescribed by the department and shall be accompanied by the renewal fee set by the department.
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(L. 1983 S.B. 363 § 5 subsec. 4, A.L. 2004 S.B. 1122)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.740 - Nonresident license requirements.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 01 Jan 2005, see footnote
374.740. Nonresident license requirements. —
Any person applying to be licensed as a nonresident general bail bond agent who has been licensed in another state shall devote fifty percent of his or her working time in the state of Missouri and shall file proof with the director of the department of commerce and insurance as to his or her compliance, and accompany his or her application with the fees set by the director by regulation and, if applying for a nonresident general bail bond agent's license, with a duly executed assignment of twenty-five thousand dollars to the state of Missouri, which assignment shall become effective upon the applicant's violating any provision of sections 374.695 to 374.789. Failure to comply with this section will result in revocation of the nonresidence license. The assignment required by this section shall be in the form and executed in the manner prescribed by the department. All licenses issued pursuant to this section shall be subject to the same renewal requirements set for other licenses issued pursuant to sections 374.695 to 374.789.
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(L. 1983 S.B. 363 § 6 subsec. 2, A.L. 2004 S.B. 1122)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.750 - Refusal to issue or renew license — applicant's right to hearing.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 1983
374.750. Refusal to issue or renew license — applicant's right to hearing. —
The department may refuse to issue or renew any license required pursuant to sections 374.700 to 374.775 for any one or any combination of causes stated in section 374.755. The department shall notify the applicant in writing of the reasons for the refusal and shall advise the applicant of his right to file a complaint with the administrative hearing commission as provided by chapter 621.
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(L. 1983 S.B. 363 § 7 subsec. 1)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.757 - Notification by agent of intention to apprehend — local law enforcement may accompany agent — violations, penalties.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 01 Jan 2017, 3 histories, see footnote
374.757. Notification by agent of intention to apprehend — local law enforcement may accompany agent — violations, penalties. —
1. Any agent licensed by sections 374.695 to 374.775 who intends to apprehend any person in this state shall inform law enforcement authorities in the city or county in which such agent intends such apprehension, before attempting such apprehension. Such agent shall present to the local law enforcement authorities a certified copy of the bond and all other appropriate paperwork identifying the principal and the person to be apprehended. Local law enforcement may accompany the agent. Failure of any agent to whom this section applies to comply with the provisions of this section shall be a class A misdemeanor for the first violation and a class E felony for subsequent violations; and shall also be a violation of section 374.755 and may in addition be punished pursuant to that section.
2. The surety recovery agent shall inform the local law enforcement in the county or city where such agent is planning to enter a residence. Such agent shall have a certified copy of the bond and all appropriate paperwork to identify the principal. Local law enforcement, when notified, may accompany the surety recovery agent to that location to keep the peace if an active warrant is effective for a felony or misdemeanor. If a warrant is not active, the local law enforcement officers may accompany the surety recovery agent to such location. Failure to report to the local law enforcement agency is a class A misdemeanor. For any subsequent violations, failure to report to the local law enforcement agency is a class E felony.
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(L. 2001 S.B. 267, A.L. 2004 S.B. 1122, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.759 - Access to court records, when — defendant access to bail bond agent, how — agents qualified in all jurisdictions in the state.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 01 Jan 2005, see footnote
374.759. Access to court records, when — defendant access to bail bond agent, how — agents qualified in all jurisdictions in the state. —
1. Any bail bond agent licensed in the state of Missouri shall have access to all publicly available court records of the defendant by available means to make a realistic assessment of the
*
defendant's probability of attending all court dates as set in his or her charges relating to the
*
bond request.
2. Any defendant shall have free access to any bail bond agent via one phone call so long as the call is made to a local phone number. All other numbers may be available as a collect call to any nonlocal number.
3. All Missouri licensed bail bond agents or licensed general agents shall be qualified, without further requirements, in all jurisdictions of this state, as provided in rules promulgated by the supreme court of Missouri and not by any circuit court rule.
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(L. 2004 S.B. 1122)
Effective 1-01-05
*Word "the" does not appear in original rolls.
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.760 - Unsatisfied judgments, affidavit filed monthly, form — content.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 1983
374.760. Unsatisfied judgments, affidavit filed monthly, form — content. —
Each general bail bond agent shall file, between the first and tenth day of each month, sworn affidavits with the department stating that there are no unsatisfied judgments against him. Such affidavits shall be in the form and manner prescribed by the department.
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(L. 1983 S.B. 363 § 8)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.763 - Collection from surety after forfeiture — list of qualified bail bond agents to be furnished monthly to circuit courts.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 01 Jan 2005, see footnote
374.763. Collection from surety after forfeiture — list of qualified bail bond agents to be furnished monthly to circuit courts. —
1. If any final judgment ordering forfeiture of a defendant's bond is not paid within a six-month period of time, the court shall extend the judgment date or notify the department of the failure to satisfy such judgment. The director shall draw upon the assets of the surety, remit the sum to the court, and obtain a receipt of such sum from the court. The director may take action as provided by section 374.755, regarding the license of the surety and any bail bond agents writing upon the surety's liability.
2. The department shall furnish to the presiding judge of each circuit court of this state, on at least a monthly basis, a list of all duly licensed and qualified bail bond agents and general bail bond agents whose licenses are not subject to pending suspension or revocation proceedings, and who are not subject to unsatisfied bond forfeiture judgments. In lieu of such list, the department may provide this information to each presiding judge in an electronic format.
3. All duly licensed and qualified bail bond agents and general bail bond agents shall be qualified, without further requirement, to write bail upon a surety's liability in all courts of this state as provided in rules promulgated by the supreme court of Missouri and not by any circuit court rule.
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(L. 1997 S.B. 248, A.L. 2004 S.B. 1122)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.764 - Alleged violations and complaints, procedure.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 01 Jan 2005, see footnote
374.764. Alleged violations and complaints, procedure. —
1. The director shall examine and inquire into all alleged violations or complaints filed with the department of commerce and insurance of the bail bond law of the state, and inquire into and investigate the bail bond business transacted in the state by any bail bond agent, general bail bond agent, or surety recovery agent.
2. The director or any of his or her duly appointed agents may compel the attendance before him or her, and may examine, under oath, the directors, officers, bail bond agents, general bail bond agents, surety recovery agents, employees, or any other person in reference to the condition, affairs, management of the bail bond or surety recovery business, or any matters relating thereto. He or she may administer oaths or affirmations and shall have power to summon and compel the attendance of witnesses and to require and compel the production of records, books, papers, contracts, or other documents if necessary.
3. The director may make and conduct the investigation in person or the director may appoint one or more persons to make and conduct the investigation. If made by a person other than the director, the person duly appointed by the director shall have the same powers as granted to the director pursuant to this section. A certificate of appointment under the official seal of the director shall be sufficient authority and evidence thereof for the person to act. For the purpose of making the investigations, or having the same made, the director may employ the necessary clerical, actuarial, and other assistance.
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(L. 2004 S.B. 1122)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.770 - Bond forfeiture, when — exception, defendant incarcerated in United States, procedure — surety's duties — violation of bond, rights and obligations of bondsman.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 1983
374.770. Bond forfeiture, when — exception, defendant incarcerated in United States, procedure — surety's duties — violation of bond, rights and obligations of bondsman. —
1. If there is a breach of the contract of the bond, the court in which the case is pending shall declare a bond forfeiture, unless the surety upon such bond informs the court that the defendant is incarcerated somewhere within the United States. If forfeiture is not ordered because the defendant is incarcerated somewhere within the United States, the surety is responsible for the return of the defendant. If bond forfeiture is ordered and the surety can subsequently prove the defendant is incarcerated somewhere within the United States, then the bond forfeiture shall be set aside and the surety be responsible for the return of the defendant. When the surety notifies the court of the whereabouts of the defendant, a hold order shall be placed by the court having jurisdiction on the defendant in the state in which the defendant is being held.
2. In all instances in which a bail bond agent or general bail bond agent duly licensed by sections 374.700 to 374.775 has given his bond for bail for any defendant who has absented himself in violation of the condition of such bond, the bail bond agent or general bail bond agent shall have the first opportunity to return such defendant to the proper court. If he is unable to return such defendant, the state of Missouri shall return such defendant to the proper court for prosecution, and all costs incurred by the state in so returning a defendant may be levied against the bail bond agent or general bail bond agent in question.
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(L. 1983 S.B. 363 § 10)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.775 - Bonds of one thousand dollars or less — fee — additional fee — prohibited.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 1983
374.775. Bonds of one thousand dollars or less — fee — additional fee — prohibited. —
When issuing bonds of one thousand dollars or less, licensed bail bond agents or general bail bond agents may charge a minimum premium of fifty dollars. In connection with such bonds no bail bond agent, general bail bond agent, or corporation shall charge or receive any additional fee for investigations or services rendered in connection with the execution of the bond.
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(L. 1983 S.B. 363 § 11)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.783 - Surety recovery agents, license required — director to license, powers.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 2004
374.783. Surety recovery agents, license required — director to license, powers. —
1. No person shall hold himself or herself out as being a surety recovery agent in this state, unless such person is licensed in accordance with the provisions of sections 374.783 to 374.789. Licensed bail bond agents and general bail bond agents may perform fugitive recovery without being licensed as a surety recovery agent.
2. The director shall have authority to license all surety recovery agents in this state. The director shall have control and supervision over the licensing of such agents and the enforcement of the terms and provisions of sections 374.783 to 374.789.
3. The director shall have the power to:
(1) Set and determine the amount of the fees authorized and required pursuant to sections 374.783 to 374.789. The fees shall be set at a level sufficient to produce revenue which shall not substantially exceed the cost and expense of administering sections 374.783 to 374.789. However, such fees shall not exceed one hundred fifty dollars for a two-year license; and
(2) Determine the sufficient qualifications of applicants for a license.
4. The director shall license for a period of two years all surety recovery agents in this state who meet the requirements of sections 374.783 to 374.789.
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(L. 2004 S.B. 1122)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.784 - Application for licensure, contents, qualifications — refusal to issue license, when.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 2018, 2 histories
374.784. Application for licensure, contents, qualifications — refusal to issue license, when. —
1. Applications for examination and licensure as a surety recovery agent shall be submitted on forms prescribed by the department and shall contain such information as the department requires, along with a copy of the front and back of a photographic identification card.
2. Each application shall be accompanied by proof satisfactory to the director that the applicant is a citizen of the United States and has a high school diploma or a general educational development certificate (GED). An applicant shall furnish evidence of such person's qualifications by completing an approved surety recovery agent course with at least twenty-four hours of initial minimum training. The director shall determine which institutions, organizations, associations, and individuals shall be eligible to provide said training. Said instructions and fees associated therewith shall be identical or similar to those prescribed in section 374.710 for bail bond agents and general bail bond agents.
3. In addition to said twenty-four hours of initial minimum training, licensees shall be required to receive eight hours of biennial continuing education of which said instructions and fees shall be identical or similar to those prescribed in section 374.710 for bail bond agents and general bail bond agents.
4. Applicants for surety recovery agents licensing shall be exempt from said requirements of the twenty-four hours of initial minimum training if applicants provide proof of prior training as a law enforcement officer with at least two years of such service within the ten years prior to the application being submitted to the department.
5. The director may refuse to issue any license pursuant to sections 374.783 to 374.789, for any one or any combination of causes stated in section 374.787. The director shall notify the applicant in writing of the reason or reasons for refusal and shall advise the applicant of the right to file a complaint with the administrative hearing commission to appeal the refusal as provided by chapter 621.
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(L. 2004 S.B. 1122, A.L. 2018 H.B. 1719)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.785 - Apprehension of defendant, permitted where.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 2018, 2 histories
374.785. Apprehension of defendant, permitted where. —
For the purpose of surrender of the defendant, a surety recovery agent may apprehend the defendant anywhere within the state of Missouri before or after the forfeiture of the undertaking without personal liability for false imprisonment or may empower any surety recovery agent to make apprehension by providing written authority endorsed on a certified copy of the undertaking and paying the lawful fees.
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(L. 2004 S.B. 1122, A.L. 2018 S.B. 840)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.786 - Renewal, procedure.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 01 Jan 2005, see footnote
374.786. Renewal, procedure. —
1. Every person licensed pursuant to sections 374.783 to 374.789 shall, before the license renewal date, apply to the director for renewal for the ensuing licensing period. The application shall be made on a form furnished to the applicant and shall state the applicant's full name, the applicant's business address, the address at which the applicant resides, the date the applicant first received a license, and the applicant's surety recovery agent identification number, if any.
2. A renewal form shall be mailed to each person licensed in this state at the person's last known address. The failure to mail the renewal form or the failure of a person to receive it does not relieve any person of the duty to be licensed and to pay the license fee required nor exempt such person from the penalties provided for failure to be licensed.
3. Each applicant for renewal shall accompany such application with a renewal fee to be paid to the department for the licensing period for which renewal is sought.
4. The director may refuse to renew any license required pursuant to sections 374.783 to 374.789 for any one or any combination of causes stated in section 374.787. The director shall notify the applicant in writing of the reasons for refusal to renew and shall advise the applicant of his or her right to file a complaint with the administrative hearing commission as provided by chapter 621.
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(L. 2004 S.B. 1122)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.787 - Complaint procedure.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 01 Jan 2005, see footnote
374.787. Complaint procedure. —
1. The director may cause a complaint to be filed with the administrative hearing commission as provided by chapter 621 against any surety recovery agent or any person who has failed to renew or has surrendered his or her license for any one or any combination of the following causes:
(1) Violation of any provisions of, or any obligations imposed by, the laws of this state, the department of commerce and insurance rules and regulations, or aiding or abetting other persons to violate such laws, orders, rules, or regulations;
(2) Final adjudication or a plea of guilty or nolo contendere in a criminal prosecution under state or federal law for a felony or a crime involving moral turpitude, whether or not a sentence is imposed;
(3) Using fraud, deception, misrepresentation, or bribery in securing a license or in obtaining permission to take any examination required by sections 374.783 to 374.789;
(4) Obtaining or attempting to obtain any compensation as a surety recovery agent by means of fraud, deception, or misrepresentation;
(5) Acting as a surety recovery agent or aiding or abetting another in acting as a surety recovery agent without a license;
(6) Incompetence, misconduct, gross negligence, fraud, or misrepresentation in the performance of the functions or duties of a surety recovery agent;
(7) Having a license revoked or suspended that was issued by another state.
2. After the filing of the complaint, the proceedings shall be conducted in accordance with the provisions of chapter 621. Upon a finding by the administrative hearing commission that one or more of the causes stated in subsection 1 of this section have been met, the director may suspend or revoke the license or enter into an agreement for a monetary or other penalty pursuant to section 374.280.
3. In lieu of filing a complaint with the administrative hearing commission, the director and the surety recovery agent may enter into an agreement for a monetary or other penalty pursuant to section 374.280.
4. In addition to any other remedies available, the director may issue a cease and desist order or may seek an injunction in a court of law pursuant to section 374.046 whenever it appears that any person is acting as a surety recovery agent without a license.
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(L. 2004 S.B. 1122)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.788 - Apprehension standards for breach of surety agreement or absconding.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 01 Jan 2005, see footnote
374.788. Apprehension standards for breach of surety agreement or absconding. —
1. A bail bond agent having probable grounds to believe a subject free on his or her bond has failed to appear as directed by a court, has breached the terms of the subject's surety agreement, or has taken a substantial step toward absconding may utilize all lawful means to apprehend the subject. To surrender a subject to a court, a licensed bail bond or surety recovery agent having probable grounds to believe the subject is free on his or her bond may:
(1) Detain the subject in a lawful manner, for a reasonable time, provided that in the event travel from another state is involved, the detention period may include reasonable travel time not to exceed seventy-two hours;
(2) Transport a subject in a lawful manner from state to state and county to county to a place of authorized surrender; and
(3) Enter upon private or public property in a lawful manner to execute apprehension of a subject.
2. A surety recovery agent who apprehends a subject pursuant to the provisions of subsection 1 of this section shall surrender custody of the subject to the court of jurisdiction.
3. When a surety recovery agent is in the process of performing fugitive recovery, a photographic identification card shall be prominently displayed on his or her person.
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(L. 2004 S.B. 1122)
Effective 1-01-05