reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1261.6. Information confidential - Disclosure.

No person licensed under the provisions of the Social Worker's Licensing Act or secretary, stenographer or clerk of such a licensed person or anyone who participates in delivery of social work services or anyone working under supervision of a person licensed under these provisions may disclose any information acquired from persons consulting the licensed social worker in his or her professional capacity or be compelled to disclose such information.
The confidential relations and communications between a person licensed under this act and the client are placed on the same basis as provided by law for those between an attorney and client. Nothing in the Social Worker's Licensing Act shall be construed to require such privileged communication to be disclosed except:
1. With the written consent of the client, or in the case of death or disability, of his or her personal representative, other person authorized to sue, or the beneficiary of any insurance policy on his or her life, health or physical condition;
2. That no information shall be treated as privileged and there shall be no privilege created by this act as to any information acquired by a person licensed under this act or a secretary, stenographer or clerk of such a licensed person or anyone who participates in delivery of social work services or anyone working under the supervision of such a licensed person when such information pertains to criminal acts or violations of any law;
3. When the person is a child under the age of eighteen (18) years and the information acquired by the licensed person indicated that the child was the victim or subject of a crime, the licensed person may be required to testify fully in relation thereto upon any examination, trial or other proceeding in which the commission of such a crime is a subject of inquiry; or
4. When the person waives the privilege by bringing charges against the licensed person.
Nothing in this act shall be construed to prohibit any licensed person from testifying in court hearings concerning matters of adoption, child abuse, child neglect, or matters pertaining to the welfare of children or from seeking collaboration or consultation with professional colleagues or administrative superiors on behalf of the client.
Added by Laws 1982, c. 122, § 8, operative July 1, 1982. Amended by Laws 2003, c. 85, § 12, eff. Nov. 1, 2003.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1262. Licensure and identification as licensed social worker or licensed social worker associate.

The applicant shall receive a license when the State Board of Licensed Social Workers has determined that the applicant meets the requirements for licensure, and the Board shall provide the applicant with a license or other suitable device to identify the person to the public as a person licensed under this act.
Added by Laws 1965, c. 140, § 12. Amended by Laws 1980, c. 124, § 10, eff. Oct. 1, 1980; Laws 2003, c. 85, § 13, eff. Nov. 1, 2003.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1263. Fees - Licensed Social Workers' Revolving Fund.

A. The State Board of Licensed Social Workers may assess such fees as it deems necessary to accomplish the purposes of the Social Worker's Licensing Act. Fees shall be assessed according to the fee schedule in the rules promulgated by the Board.
B. There is hereby created in the State Treasury a revolving fund for the State Board of Licensed Social Workers, to be designated the "Licensed Social Workers' Revolving Fund". The fund shall consist of monies received by the Board under statutory authority and such monies accruing to the credit of the fund may be expended by the Board for the purpose of carrying out the provisions of the Social Worker's Licensing Act. The fund shall be administered in accordance with standard revolving fund procedures. The Board shall pay into the General Revenue Fund of the state ten percent (10%) of the gross fees so collected and received as provided for in Section 211 of Title 62 of the Oklahoma Statutes.
Added by Laws 1965, c. 140, § 13. Amended by Laws 1980, c. 124, § 11, eff. Oct. 1, 1980; Laws 1987, c. 108, § 4, eff. July 1, 1987; Laws 1990, c. 86, § 1, emerg. eff. April 18, 1990; Laws 2003, c. 85, § 14, eff. Nov. 1, 2003; Laws 2011, c. 146, § 5, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1264. Title and abbreviation as licensed social worker.

Any person who has received a license as a licensed social worker shall have the right to use the title, Licensed Social Worker, and the abbreviation, LSW. No other person shall assume such title, use such abbreviation, or any word or letters, signs, figures or devices to indicate that the person using the same is a licensed social worker.
Laws 1965, c. 140, § 14; Laws 1980, c. 124, § 12, eff. Oct. 1, 1980.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1264.1. Licensed Clinical Social Worker - Use of Title.

Any person who has received a license as a licensed clinical social worker shall have the right to use the title, Licensed Clinical Social Worker, and the abbreviation, LCSW. No other person shall assume such title, use such abbreviation, or any word or letters, signs, figures or devices to indicate that the person using the same is a licensed social worker.
Added by Laws 2003, c. 85, § 15, eff. Nov. 1, 2003.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1264.2. Licensed Master’s Social Worker - Use of Title.

Any person who has received a license as a licensed master’s social worker shall have the right to use the title, Licensed Master’s Social Worker, and the abbreviation, LMSW. No other person shall assume such title, use such abbreviation, or any word or letters, signs, figures or devices to indicate that the person using the same is a licensed social worker.
Added by Laws 2003, c. 85, § 16, eff. Nov. 1, 2003.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1264.3. Use of LSW-ADM title.

Any person who has received a license as a licensed social worker with administration specialty shall have the right to use the title licensed social worker with administration specialty, and the abbreviation LSW-ADM. No other person shall assume such title, use such abbreviation, or any word or letters, signs, figures or devices to indicate that the person using the same is a licensed social worker.
Added by Laws 2011, c. 146, § 6, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1265. Title and abbreviation as Licensed Social Worker Associate.

Any person who has received a license as a licensed social work associate shall have the right to use the title Licensed Social Work Associate, and the abbreviation, LSWA. No other person shall assume such title, use such abbreviation, or any word or letters, signs, figures or devices to indicate that the person using the same is a licensed social work associate.
Laws 1965, c. 140, § 15; Laws 1980, c. 124, § 13, eff. Oct. 1, 1980.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1267. Notice and hearing.

No license or specialty certification shall be suspended or revoked until notice is served upon the person licensed under the Social Worker’s Licensing Act and a hearing is held before the State Board of Licensed Social Workers. The notice shall be served by registered mail and shall state the time and place of the hearing and shall set forth the ground or grounds constituting the charges against the person licensed under this act. The licensed person is entitled to be heard in his or her defense either in person or by counsel and may produce testimony and may testify in his or her own behalf. A record of the hearing shall be taken and preserved. The record shall contain the notice; all papers, documents and data filed in the proceedings and all statements of the Board pertinent thereto; the testimony and exhibits; and the findings of fact and orders of the Board in writing. The State of Oklahoma shall be a party in the prosecution of all such actions and hearings before the Board pertaining to the suspension or revocation of a license or specialty certification, and the Attorney General, or one of the Attorney General’s assistants, is authorized and directed to appear in behalf thereof. The hearing may be adjourned from time to time. If the licensed person fails or refuses to appear, the Board may proceed to hear and determine the charges in his or her absence. If the licensed person pleads guilty, or if upon hearing of the charges a majority of the Board finds them true, the Board may enter an order suspending or revoking the license or specialty certification.
Added by Laws 1965, c. 140, § 17. Amended by Laws 1980, c. 124, § 15, eff. Oct. 1, 1980; Laws 2003, c. 85, § 18, eff. Nov. 1, 2003.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1268. Rules for proceedings - Subpoenas.

The Board shall adopt rules for its proceedings that will enable it, without undue delay, to competently determine the facts in each matter brought before it, and to render a decision in writing consistent with the intent of this law. The Board shall have the right to issue subpoenas where required. If the Board's subpoena is not honored, the Board shall petition a court of competent jurisdiction to have its subpoena honored. If, upon a hearing in the court, the demand of the Board is lawful, the court shall enter an order compelling compliance therewith. Disobedience of such an order shall be punished as contempt of court.
Laws 1965, c. 140, § 18.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1270. Unlawful acts - Penalties.

A. It shall be a misdemeanor for any person to:
1. Use in connection with his or her name any designation tending to imply that he or she is licensed under the Social Worker’s Licensing Act unless he or she is duly and respectively licensed under the provisions of this act;
2. Use in connection with his or her name any designation tending to imply that he or she is licensed under the provisions of this act during the time his or her license shall be suspended or revoked; or
3. Otherwise violate any of the provisions of this act.
B. 1. Except as otherwise provided, it shall be unlawful for any individual to engage in the practice of social work unless duly licensed under this act.
2. Except as otherwise provided, it shall be unlawful for any individual to engage in the practice of Clinical Social Work unless duly licensed as a Clinical Social Worker under this act.
3. No individual shall offer social work services or use the designation social worker, licensed social work associate, licensed master’s social worker, licensed social worker, licensed clinical social worker or the initials LSWA, LMSW, LSW, or LCSW or any other designation indicating licensure status or hold themselves out as licensed to practice social work unless duly licensed.
4. The provision of social work services to an individual in this state, through telephonic, electronic or other means, regardless of the location of the social worker, shall constitute the practice of social work and shall be subject to regulation.
5. Any individual who, after hearing, is found by the State Board of Licensed Social Workers to have unlawfully engaged in the practice of social work or to have violated other provisions of this act shall be subject to a fine to be imposed by the Board not to exceed Five Hundred Dollars ($500.00) for each offense. Each violation of this act or Board rules pertaining to unlawful practice of social work shall also constitute a misdemeanor.
6. Nothing in this act shall be construed to prevent members of other professions from performing functions for which they are duly licensed; provided, however, such professionals shall not hold themselves out or refer to themselves by any title or description stating or implying that they are engaged in the practice of social work or that they are licensed to engage in the practice of social work.
7. Students currently participating in an approved social work program are exempt from licensure under this act when enrolled in or participating in an internship, externship, or other social work experience requirements for such programs.
Added by Laws 1965, c. 140, § 20. Amended by Laws 1980, c. 124, § 17, eff. Oct. 1, 1980; Laws 2003, c. 85, § 19, eff. Nov. 1, 2003.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1271.1. Temporary suspension of license.

Notwithstanding any provisions of the Administrative Procedures Act, the State Board of Licensed Social Workers may, without a hearing, temporarily suspend a license for not more than sixty (60) days if the Board finds that a person licensed under the Social Worker’s Licensing Act has violated a law or rule that the Board is empowered to enforce, and if continued practice by the licensed person would create an imminent risk of harm to the public. The suspension shall take effect upon written notice to the licensed person specifying the statute or rule violated. At the time it issues the suspension notice, the Board shall schedule a disciplinary hearing to be held pursuant to the Administrative Procedures Act within thirty (30) days and shall provide the licensed person with notice of the date of hearing.
Added by Laws 2003, c. 85, § 20, eff. Nov. 1, 2003.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1272. Use of title.

A. No provision of the Social Worker’s Licensing Act shall be construed as prohibiting any person, whether or not that person may be licensed under the provisions of this act, and who is in fact a member of the Academy of Certified Social Workers, from continuing to use the title, Member, Academy of Certified Social Workers, and the abbreviation, ACSW.
B. No provision of this act shall be construed as prohibiting any person, whether or not that person may be licensed under the provisions of this act, and who is in fact credentialed as a Qualified Clinical Social Worker, from continuing to use the title, Qualified Clinical Social Worker, and the abbreviation, QCSW.
C. No provision of this act shall be construed as prohibiting any person, whether or not that person may be licensed under the provisions of this act, and who is in fact credentialed as a Diplomat in Clinical Social Work, from continuing to use the title, Diplomat in Clinical Social Work, and the abbreviation, DCSW.
Added by Laws 1965, c. 140, § 22. Amended by Laws 1980, c. 124, § 18, eff. Oct. 1, 1980; Laws 2003, c. 85, § 21, eff. Nov. 1, 2003.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1302. Power of Commissioner - Written instruments as evidence - Investigative files confidential.

A. The Insurance Commissioner shall have full power and authority to administer the provisions of this act, which regulates bail bondsmen and to that end to adopt, and promulgate rules and regulations to enforce the purposes and provisions of this act. The Commissioner may employ and discharge such employees, examiners, counsel, and such other assistants as shall be deemed necessary, and he shall prescribe their duties and their compensation shall be the same as other state employees receive for similar services.
B. Any written instrument purporting to be a copy of any action, proceeding, or finding of fact by the Commissioner, or any record of the seal of his office shall be accepted by all the courts of this state as prima facie evidence of the contents thereof.
C. Investigative files shall not be open for review unless so ordered by a proper administrative order of the hearing examiner or Commissioner or by proper judicial order or legislative committee.
Added by Laws 1965, c. 184, § 2, eff. Jan. 1, 1966. Amended by Laws 1984, c. 225, § 2, emerg. eff. May 23, 1984; Laws 1987, c. 211, § 4, eff. Nov. 1, 1987; Laws 2016, c. 203, § 2, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1303. License required - Acts exempt - Individual license - Renewal - Corporations - Attorneys.

A. No person shall act in the capacity of a bail bondsman or perform any of the functions, duties or powers prescribed for bail bondsmen under the provisions of Section 1301 et seq. of this title, unless that person shall be qualified and licensed as provided in Section 1301 et seq. of this title or as authorized pursuant to the Bail Enforcement and Licensing Act. Provided, however, none of the provisions or terms of this section shall prohibit any individual or individuals from:
1. Pledging real or other property as security for a bail bond for himself, herself or another in judicial proceedings who does not receive, or is not promised, a fee or charge for his or her services provided such person shall not be permitted to make in excess of ten bonds per year; or
2. Executing any bail bond for an insurer, pursuant to a bail bond service agreement entered into between such insurer and any automobile club or association, financing institution, insurance company or other organization or association, on behalf of a person required to furnish bail in connection with any violation of law arising out of the use of a motor vehicle.
B. No license shall be issued except in compliance with Section 1301 et seq. of this title and none shall be issued except to an individual. License renewals shall be granted subject to all other provisions of Section 1301 et seq. of this title.
A corporation as such shall not be licensed. Nothing herein contained shall be construed as repealing Section 11 of Title 5 of the Oklahoma Statutes; and it is further provided that licensed attorneys are prohibited from signing any bonds as surety in any civil or criminal action pending or about to be filed in any court of this state.
Added by Laws 1965, c. 184, § 3. Amended by Laws 1982, c. 149, § 2, operative Oct. 1, 1982; Laws 1984, c. 225, § 3, emerg. eff. May 23, 1984; Laws 1987, c. 211, § 5, eff. Nov. 1, 1987; Laws 1991, c. 139, § 1, emerg. eff. April 29, 1991; Laws 2013, c. 407, § 22, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1304. Expiration date.

Each bail bondsman license issued shall expire biennially at 12:00 o'clock midnight on the last day of the birth month of the bondsman, unless revoked or suspended prior thereto by the Insurance Commissioner.
Added by Laws 1965, c. 184, § 4, eff. Jan. 1, 1966. Amended by Laws 1984, c. 225, § 4, emerg. eff. May 23, 1984; Laws 1987, c. 211, § 6, eff. Nov. 1, 1987; Laws 2011, c. 242, § 11 and Laws 2011, c. 293, § 11, eff. June 20, 2011; Laws 2013, c. 150, § 1, eff. Nov. 1, 2013.
NOTE: Laws 2011, c. 242, § 11 and Laws 2011, c. 293, § 11 made identical changes to this section.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1308. Examinations - Fees.

A. The applicant for bail bondsman licensure shall be required to take an examination prepared by the Insurance Commissioner, testing the applicant’s ability and qualifications to be a bail bondsman. Applications are valid for three (3) months after submission. If an applicant has not acted upon the application within that period, a new application and fees shall be submitted for the applicant to be considered for licensure. Bail bondsman licenses issued prior to the effective date of this act, as a result of a successful completion of a remote examination, shall be valid licenses from the time of issuance.
B. Each applicant shall become eligible for examination if the applicant has completed sixteen (16) hours of education as required by Section 1308.1 of this title prior to the examination. Examinations shall be held at times and places as designated by the Commissioner.
C. The fee for the examination shall be One Hundred Dollars ($100.00). Results will be provided after the applicant is examined.
D. The failure of an applicant to pass an examination shall not preclude the applicant from taking subsequent examinations; provided, however, that at least thirty (30) days shall intervene between examinations; and provided further, after a third or subsequent examination failure, an applicant may not be examined for at least one (1) year after the last examination failure.
Added by Laws 1965, c. 184, § 8, eff. Jan. 1, 1966. Amended by Laws 1984, c. 225, § 8, emerg. eff. May 23, 1984; Laws 1987, c. 211, § 9, eff. Nov. 1, 1987; Laws 1989, c. 257, § 2, eff. Nov. 1, 1989; Laws 1991, c. 139, § 2, emerg. eff. April 29, 1991; Laws 1992, c. 98, § 4, eff. Sept. 1, 1992; Laws 1995, c. 357, § 2, eff. Nov. 1, 1995; Laws 2011, c. 242, § 13 and Laws 2011, c. 293, § 13, eff. June 20, 2011; Laws 2017, c. 161, § 2, eff. Nov. 1, 2017; Laws 2023, c. 148, § 1, emerg. eff. May 1, 2023.
NOTE: Laws 2011, c. 242, § 13 and Laws 2011, c. 293, § 13 made identical changes to this section.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1308.1. Examination - Educational requirements - Fee - Penalties.

A. In order to be eligible to take the examination required to be licensed as a bail bondsman, each person shall complete not less than sixteen (16) clock hours of education in subjects pertinent to the duties and responsibilities of a bail bondsman, including all laws and regulations related thereto. Further, each licensee shall complete biennially not less than sixteen (16) clock hours of continuing education in the subjects prior to renewal of the license. Such continuing education shall not include a written or oral examination.
Provided, any person licensed as a bail bondsman prior to November 1, 1989, shall not be required to complete sixteen (16) clock hours of education prior to licensure but shall be subject to the sixteen-hour continuing education requirement in order to renew the license, except that a licensed bail bondsman who is sixty-five (65) years of age or older and who has been licensed as a bail bondsman for fifteen (15) years or more shall be exempt from both the education and continuing education requirements of this section.
B. Education shall be provided for bail bondsman licensure as required by this section; provided that the Insurance Commissioner shall approve the courses offered and provided further such education meets the general standards for education established by the Insurance Commissioner.
The education provider shall submit biennially a fee of Two Hundred Dollars ($200.00), payable to the Insurance Commissioner which shall be deposited with the State Treasurer for the purposes of fulfilling and accomplishing the conditions and purposes of this section.
C. Any person who falsely represents to the Insurance Commissioner that compliance with this section has been met shall be subject, after notice and hearing, to the penalties and fines set out in Section 1310 of this title.
D. The Commissioner shall adopt and promulgate such rules as are necessary for effective administration of this section.
Added by Laws 1989, c. 257, § 1, eff. Nov. 1, 1989. Amended by Laws 1994, c. 331, § 2, eff. Sept. 1, 1994; Laws 1998, c. 394, § 1, eff. July 1, 1998; Laws 2011, c. 242, § 14 and Laws 2011, c. 293, § 14, eff. June 20, 2011; Laws 2019, c. 259, § 1, eff. Nov. 1, 2019.
NOTE: Laws 2011, c. 242, § 14 and Laws 2011, c. 293, § 14 made identical changes to this section.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1311. Violation of laws or rules and regulations relating to bond - Notice - Temporary suspension of license.

If, after investigation, it shall appear to the satisfaction of the Insurance Commissioner that a bail bondsman or insurer has been guilty of violating any of the laws or rules or regulations of this state relating to bail bonds, the Commissioner shall provide notice in writing to the bail bondsman or to the insurer. Notice to the bail bondsman or insurer shall be by mail with return receipt requested at the last-known address of the bail bondsman or insurer, in a manner and pursuant to the procedures set forth in Article II of the Administrative Procedures Act, Section 308a et seq. of Title 75 of the Oklahoma Statutes.
If the Commissioner determines that the conduct is such that it may be a detriment to the public, he may suspend the license of such bail bondsman or insurer pending hearing.
Added by Laws 1965, c. 184, § 11, eff. Jan. 1, 1966. Amended by Laws 1984, c. 225, § 11, emerg. eff. May 23, 1984; Laws 1987, c. 211, § 12, eff. Nov. 1, 1987; Laws 1994, c. 186, § 2, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1311.1. Hearings - Record.

A. Hearings shall be held in the Insurance Commissioner's offices or at such other place as the Commissioner may deem convenient.
B. The Commissioner shall appoint an independent hearing examiner to preside at the hearing to sit in the capacity of a quasi-judicial officer.
C. All hearings will be public and held in accordance with, and governed by, Article II of the Administrative Procedures Act, Section 308a et seq. of Title 75 of the Oklahoma Statutes.
D. If at a hearing the person presiding determines that a license which was suspended prior to the hearing pursuant to Section 1311 of this title shall be revoked or suspended, the period of revocation or suspension shall be deemed to have begun on the date the license was suspended pending the hearing.
E. The Commissioner, upon written request reasonably made by the licensed bail bondsman affected by the hearing, and at such bail bondsman's expense, shall cause a full stenographic record of the proceedings to be made by a competent court reporter.
F. The ordinary fees and costs of such hearing examiner may be assessed by the hearing examiner against the respondent, unless the respondent is the prevailing party.
Added by Laws 1984, c. 225, § 12, emerg. eff. May 23, 1984. Amended by Laws 1987, c. 211, § 13, eff. Nov. 1, 1987; Laws 1989, c. 257, § 5, eff. Nov. 1, 1989; Laws 1994, c. 186, § 3, eff. Sept. 1, 1994; Laws 2001, c. 363, § 29, eff. July 1, 2001.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1311.3. Unlawful acts.

A. It shall be unlawful for any person whose license to act as a bail bondsman has been suspended, revoked, surrendered, or refused, to do or perform any of the acts of a bail bondsman. Any person convicted of violating the provisions of this subsection shall be guilty of a felony and shall be punished by a fine in an amount not exceeding Five Thousand Dollars ($5,000.00).
B. It shall be unlawful for any bail bondsman to assist, aid, or conspire with a person whose license as a bail bondsman has been suspended, revoked, surrendered, or refused, to engage in any acts as a bail bondsman. Any person convicted of violating the provisions of this subsection shall be guilty of a felony and shall be punished by a fine in an amount not to exceed Five Thousand Dollars ($5,000.00).
C. The provisions of this section shall not apply to a suspended or formerly licensed bail bondsman who continues to submit monthly reports to the Insurance Department pursuant to subsection B of Section 1314 of this title or who contracts with a licensed bail enforcer pursuant to the Bail Enforcement and Licensing Act to cause the apprehension and surrender of his or her defendant clients to the appropriate authority. The defendant client must have a current undertaking or bail contract with the suspended or formerly licensed bail bondsman and such undertaking or bail contract must have been made in this state by the suspended or formerly licensed bail bondsman. No acts other than those listed in this subsection shall be authorized or recognized after a bail bondsman is suspended or no longer licensed in this state.
Added by Laws 2011, c. 242, § 15 and Laws 2011, c. 293, § 15, eff. June 20, 2011. Amended by Laws 2014, c. 373, § 1, eff. July 1, 2014; Laws 2015, c. 110, § 5, eff. Nov. 1, 2015; Laws 2016, c. 203, § 6, eff. Nov. 1, 2016.
NOTE: Laws 2011, c. 242, § 15 and Laws 2011, c. 293, § 15 created identical new sections under the same number.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1311.4. Assisting other licensed bondsmen.

Notwithstanding any provision of the Bail Enforcement and Licensing Act to the contrary, a licensed bondsman in this state, for purposes of apprehension and surrender of his or her defendant client whose undertaking or bail contract was written by the licensed bondsman, may seek assistance from, or provide assistance to, another licensed bondsman in this state or another state; provided, the assisting bondsman:
1. Has held a continuously valid bail bondsman license in this state for five (5) or more years immediately prior to providing such assistance; or
2. Is duly appointed by the same insurer as the licensed bondsman seeking assistance.
The bondsman licensed in this state who is seeking assistance shall be required to obtain and maintain proof of the valid license of the assisting bondsman and license duration requirement prior to permitting such assisting bondsman to engage in any act requiring a license in this state.
Added by Laws 2014, c. 373, § 13, eff. July 1, 2014. Amended by Laws 2016, c. 203, § 7, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1312. Appeals.

Any applicant for license as a bail bondsman whose application has been denied or whose license shall have been censured, suspended or revoked, or renewal thereof denied or a fine levied, shall have the right of appeal from such final order of the Commissioner thereon by filing a petition in the district court of Oklahoma County. Such judicial review shall be as prescribed by Sections 318 through 323 of Title 75 of the Oklahoma Statutes.
Laws 1965, c. 184, § 12, eff. Jan. 1, 1966; Laws 1984, c. 225, § 14, emerg. eff. May 23, 1984; Laws 1992, c. 98, § 6, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1315.1. Owners of certain restaurant establishments permitted to be bondsmen - ABLE Commission investigations.

A. On and after November 1, 2015, as an exception to the provisions in paragraph 8, 9, 10 or 11 of subsection A of Section 1315 of this title prohibiting a person from being a bail bondsman or receiving any benefit from the execution of any bail bond, a person who holds an ownership interest in a restaurant establishment where alcoholic beverages are lawfully sold or who is an officer, director or stockholder of a corporation that owns or operates a restaurant where alcoholic beverages are lawfully sold, may be a licensed bail bondsman.
B. No licensed bondsman who holds any license issued from the ABLE Commission or any permit issued from any governmental subdivision or who has any ownership interest, employment or interest in any business identified by the provisions of paragraph 8, 9, 10 or 11 of subsection A of Section 1315 of this title may execute the duties of a bondsman or have a bondsman office on the premises of such establishment.
C. No exception authorized in this section for a licensed bondsman to additionally hold a license issued by the ABLE Commission or a permit issued by a governmental subdivision pursuant to paragraph 8, 9, 10 or 11 of subsection A of Section 1315 of this title shall apply to or be construed as an exception for a bail enforcer.
D. The ABLE Commission shall be authorized to investigate all provisions authorized by this section and shall certify in writing to the Insurance Commissioner, upon written request, that a person is eligible for an exception to the prohibitions of Section 1315 of this title. The ABLE Commission shall immediately notify the Insurance Commissioner, in writing, if a person becomes disqualified for an exception to the prohibitions of paragraph 8, 9, 10 or 11 of subsection A of Section 1315 of this title. If, after an investigation of a violation of the provisions of this section, the bail bondsman is found to be disqualified to be licensed as a bail bondsman, the ABLE Commission shall be entitled to reimbursement for all costs, expenses and attorney fees and in addition, the person shall have the bail bondsman license permanently revoked by the Insurance Commissioner.
Added by Laws 2015, c. 212, § 1, eff. Nov. 1, 2015. Amended by Laws 2021, c. 368, § 3, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1317. Insurers to give notice of appointment of bondsmen or managing general agent - Filing fee - Termination of appointment - Affidavit - Authority of bondsmen.

A. Every insurer who appoints a surety bondsman or managing general agent in the state shall give notice thereof to the Insurance Commissioner. The filing fee for appointment of each surety bondsman or managing general agent shall be Ten Dollars ($10.00), payable to the Commissioner and shall be submitted with the appointment. The appointment shall remain in effect until the insurer submits a notice of cancellation to the Commissioner, the license of the bail bondsman expires, or the Commissioner cancels the appointment. The Commissioner may cancel a bail surety appointment if the license of the bondsman is suspended, revoked or nonrenewed. If there is a change in any information submitted by the insurer on the appointment form, the insurer shall submit an amended appointment form and a filing fee of Ten Dollars ($10.00) payable to the Commissioner.
B. An insurer terminating the appointment of a surety bondsman or managing general agent immediately shall file written notice thereof with the Commissioner, together with a statement that it has given or mailed notice to the surety bondsman or managing general agent. The notice filed with the Commissioner shall state the reasons, if any, for the termination.
C. Prior to issuance of a new appointment for a surety bondsman or managing general agent, the bondsman or agent shall file an affidavit with the Commissioner stating that no forfeitures are owed to any court, no fines or fees are owed to the Insurance Department, and no premiums or indemnification for forfeitures or fines are owed to any insurer, insureds, or others received in the conduct of business under the license. If any statement made on the affidavit is found by the Commissioner to be false, the Commissioner may deny the new appointment, apply the sanctions set forth in Section 1310 of this title or both. This provision shall not require that all outstanding liabilities have been exonerated, but may provide that the liabilities are still being monitored by the bondsman or agent.
D. Every bail bondsman who negotiates and posts a bond shall, in any controversy between the defendant, indemnitor, or guarantor and the bail bondsman or insurer, be regarded as representing the insurer. This provision shall not affect the apparent authority of a bail bondsman as an agent for the insurer.
Added by Laws 1965, c. 184, § 17, eff. Jan. 1, 1966. Amended by Laws 1984, c. 225, § 18, emerg. eff. May 23, 1984; Laws 1987, c. 211, § 17, eff. Nov. 1, 1987; Laws 1989, c. 257, § 8, eff. Nov. 1, 1989; Laws 1990, c. 195, § 7, emerg. eff. May 10, 1990; Laws 1995, c. 357, § 4, eff. Nov. 1, 1995; Laws 2004, c. 167, § 1, eff. Nov. 1, 2004; Laws 2008, c. 184, § 30, eff. July 1, 2008; Laws 2010, c. 222, § 61, eff. Nov. 1, 2010; Laws 2013, c. 150, § 7, eff. Nov. 1, 2013; Laws 2014, c. 385, § 3, eff. Nov. 1, 2014; Laws 2015, c. 110, § 9, eff. Nov. 1, 2015; Laws 2016, c. 203, § 10, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1318. Discontinuance of writing bail bonds.

A. Any bail bondsman who discontinues writing bail bonds during the period for which he is licensed shall notify the clerks of the district courts and the sheriffs with whom he is registered and return his license to the Commissioner for cancellation within thirty (30) days from such discontinuance. Prior to the discontinuance of licensure, the bail bondsman shall make and submit to the Commissioner a list of all outstanding bonds and obtain a release for each bond that he has written from the court clerk or sheriff of each county in which a bond is written or an affidavit from another bondsman stating that such bonds have been transferred to his care.
B. Any person convicted of violating this section shall be guilty of a misdemeanor and upon conviction thereof, be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment for not less than six (6) months nor more than one (1) year, or by both such fine and imprisonment.
Amended by Laws 1984, c. 225, § 19, emerg. eff. May 23, 1984.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1320. Registration of license and fee – County list of bondsmen – Certified copy of appointment.

A. No bail bondsman shall become a surety on an undertaking unless he or she has first registered his or her license in the office of the court clerk in any county in which the bondsman intends to write bonds. In any county in which a bondsman registers his or her license, the bondsman shall provide notice to the court clerk in writing of any change in residence or business address within five (5) business days after a change. The court clerk of the county shall provide a list of bondsmen permitted to write bail in that county to the judges and law enforcement offices of that county. Law enforcement shall post the list conspicuously near all telephones used by prisoners. The list shall be updated and distributed to law enforcement by the court clerk at least monthly, provided there has been a change to the list, and shall consist of professional, multicounty agent, property, cash and surety bail bondsmen. Any surety bondsman without a current surety appointment shall be removed from the list. In any county not having a licensed bondsman authorized to do business within the county, the court having jurisdiction shall allow and fix bail.
B. A surety bondsman shall also file with the court clerk a certified copy of his or her appointment by power of attorney from the insurer whom he or she represents as an agent.
C. A fee of Twenty Dollars ($20.00) shall be paid to the court clerk for each county in which the bail bondsman registers his or her license. The fee shall be payable biennially by the date of license renewal. The court clerk and the sheriff shall not permit the registration or filing of a bail bondsman unless such bondsman is currently licensed by the Insurance Commissioner under the provisions of Section 1301 et seq. of this title.
Added by Laws 1965, c. 184, § 20, eff. Jan. 1, 1966. Amended by Laws 1984, c. 225, § 21, emerg. eff. May 23, 1984; Laws 1987, c. 211, § 18, eff. Nov. 1, 1987; Laws 1989, c. 257, § 9, eff. Nov. 1, 1989; Laws 1992, c. 98, § 7, eff. Sept. 1, 1992; Laws 2013, c. 150, § 8, eff. Nov. 1, 2013; Laws 2014, c. 385, § 4, eff. Nov. 1, 2014; Laws 2015, c. 110, § 10, eff. Nov. 1, 2015; Laws 2017, c. 161, § 4, eff. Nov. 1, 2017; Laws 2022, c. 170, § 1, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1321. Qualifications of sureties.

Each and every surety for the release of a person on bail shall be qualified as:
1. An insurer and represented by a surety bondsman or bondsmen;
2. A professional bondsman properly qualified and approved by the Insurance Commissioner;
3. A cash bondsman;
4. A property bondsman;
5. A multicounty agent bondsman properly qualified and approved by the Insurance Commissioner; or
6. A natural person who has reached the age of twenty-one (21) years, a citizen of the United States and a bona fide resident of Oklahoma for a period of six (6) months immediately last past and who holds record title to property in Oklahoma, cash or other things of value, acceptable to the proper authority approving the bail bond.
Added by Laws 1965, c. 184, § 21, eff. Jan. 1, 1966. Amended by Laws 1987, c. 211, § 19, eff. Nov. 1, 1987; Laws 2015, c. 110, § 11, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1322. Affidavit as to undertaking.

A. Every bondsman shall file with the undertaking an affidavit stating whether or not the bondsman or anyone for the use of the bondsman has been promised or has received any security or consideration for the undertaking, and if so, the nature and description of security and amount thereof, and the name of the person by whom the promise was made or from whom the security or consideration was received. Any willful misstatement in the affidavit relating to the security or consideration promised or given shall render the person making it subject to the same prosecution and penalty as one who commits the felony of perjury.
B. An action to enforce any indemnity agreement shall not lie in favor of the surety against the indemnitor, except with respect to agreements set forth in the affidavit. In an action by the indemnitor against the surety to recover any collateral or security given by the indemnitor, the surety shall have the right to retain only the security or collateral as it mentioned in the affidavit required by this section.
C. If security or consideration other than that reported on the original affidavit is received after the affidavit is filed with the court clerk, an amended affidavit shall be filed with the court clerk indicating the receipt of security or consideration.
D. If a bondsman accepts a mortgage on real property as collateral on a bond, the bondsman shall file a copy of the mortgage with the bond within thirty (30) days of receipt of the mortgage. The Commissioner shall have the authority to extend or waive this requirement.
Added by Laws 1965, c. 184, § 22, eff. Jan. 1, 1966. Amended by Laws 1993, c. 170, § 4, eff. Sept. 1, 1993; Laws 1997, c. 133, § 510, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 371, eff. July 1, 1999; Laws 2010, c. 222, § 62, eff. Nov. 1, 2010.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 510 from July 1, 1998, to July 1, 1999.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1323. Cash bond.

When the defendant has been admitted to bail, he, or another in his behalf, may make a cash bond by depositing with an official authorized to take bail, a sum of money, or nonregistered bonds of the United States, or of the state, or of any county, city or town within the state, equal in market value to the amount of such bail, together with his personal undertaking and an undertaking of such other person, if the money or bonds are deposited by another. Upon delivery to the official, in whose custody the defendant is, of a certificate of such deposit, he shall be discharged from custody in the cause.
Laws 1965, c. 184, § 23, eff. Jan. 1, 1966.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1324. Property bond.

Where the undertaking is a property bond, whether posted by a bail bondsman, the defendant personally, or by any other person, said bond shall give the legal description of the property, the assessed valuation, the amount of encumbrances, if any, and the status of the legal title, all by affidavit. Any property located within the state wherein the bail is allowed, that is subject to execution shall be accepted for security on a property bond for the market value of the property. Market value is defined to be four times the assessed valuation of the property as recorded on the tax rolls, less any encumbrances thereon; provided, that homesteads may be accepted as security for appearance if the homestead exemption is waived in writing. Such waiver shall be verified and executed by the spouse, if any. The property listed upon any property bond or bonds will be security on said bonds up to the aggregate amounts as follows:
(A) In the event of bonds written by a licensed property bondsman; four times the market value of said property.
(B) All other property bonds; in the face amount of the market value of said property.
The court clerk, upon the approval of a property bond, shall forthwith file a certified copy of said bond in the office of the county clerk in which the property is located, transmitting to the county clerk the filing fee which will be paid by the person executing said bond. The county clerk shall index said bond upon his tract index as a lien against said described property, and such bond shall be a lien upon the real estate described therein until a certificate discharging said bond shall be filed in the office of the county clerk. Said lien shall be superior to any conveyance, encumbrance or lien thereafter pertaining to said property. When said bond shall have been discharged, the clerk of said court shall issue to the surety a certificate of discharge describing the bond and the real property, which shall, upon filing with the county clerk and the payment of the filing fee, be recorded in the tract index. An abstract company preparing an abstract upon such real estate, shall be required to list in said abstract only the undischarged liens and shall not list any discharge liens.
Laws 1965, c. 184, § 24; Laws 1970, c. 191, § 1, emerg. eff. April 13, 1970.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1325. Substitution of bail.

Bail may be substituted, without additional premium being charged, by the defendant or bondsman, at any time before a breach of the undertaking, by substituting any other proper and sufficient bond of like value as provided herein. The official taking the new bail shall make an order as follows:
1. Where money had been deposited, that the money be refunded to the person depositing the same; and
2. Where property had been pledged, that a certificate of discharge be issued and the lien previously filed be released .
The original undertakings of whatever nature shall be canceled and the new undertaking shall be substituted therefor.
Laws 1965, c. 184, § 25, eff. Jan. 1, 1966; Laws 1993, c. 170, § 5, eff. Sept. 1, 1993.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1326. Defects, omissions, irregularities, etc.

A. No undertaking shall be invalid, nor shall any person be discharged from his undertaking, nor a forfeiture thereof be stayed nor shall judgment thereon be stayed, set aside or reversed, the collection of any such judgment be barred or defeated by reason of any defect of form, omission or recital or of condition, failure to note or record the default of any principal or surety, or because of any other irregularity, or because the undertaking was entered into on Sunday or other holiday, if it appears from the tenor of the undertaking before what judge or at what court the principal was bound to appear, and that the official before whom it was entered into was legally authorized to take it and the amount of bail is stated.
B. If no day is fixed for the appearance of the defendant, or an impossible day or a day in vacation, the undertaking, if for his appearance before a judge for a hearing, shall bind the defendant to appear in ten (10) days from the receipt of notice thereof to the defendant, his counsel, and any surety or bondsman on the undertaking; and if for his appearance in a court for trial, shall bind the defendant so to appear on the first day of the next term of court which shall commence more than three (3) days after the giving of the undertaking.
C. The liability of a person on an undertaking shall not be affected by reason of the lack of any qualifications, sufficiency or competency provided in the criminal procedure law, or by reason of any other agreement that is expressed in the undertaking, or because the defendant has not joined in the undertaking.
Amended by Laws 1984, c. 225, § 22, emerg. eff. May 23, 1984.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-1329. Arrest - Commitment.

For the purpose of surrendering the defendant:
1. The surety may arrest the defendant before the forfeiture of the undertaking;
2. The surety, by written authority endorsed on a certified copy of the undertaking, may empower any peace officer to make an arrest of the defendant, first paying the lawful fees therefor; or
3. The bondsman or surety, by contract with a licensed bail enforcer pursuant to the Bail Enforcement and Licensing Act which contract has attached a certified copy of the undertaking, may authorize the bail enforcer to recover and surrender the person.
In addition, the bondsman may surrender the defendant by following the commitment procedures as set forth in subsection C of Section 1327 of this title.
Added by Laws 1965, c. 184, § 29, eff. Jan. 1, 1966. Amended by Laws 2005, c. 71, § 3, eff. Nov. 1, 2005; Laws 2013, c. 407, § 25, eff. Nov. 1, 2013.