reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 150 - ALABAMA STATE BOARD OF AUCTIONEERS › Chapter 150-X-1 - RULES AND REGULATIONS › Section 150-X-1-.13 - Continuing Education

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Biannual
			 continuing education shall consist of six (6) clock hours of
			 instruction.
(b) Hours in excess of
			 the minimum biannual requirement may be carried forward for credit in the
			 succeeding renewal period.
(c) New
			 licensees who have taken the examination for their license within the twelve
			 (12) months immediately preceding expiration of their licenses will be
			 considered to have met the continuing education requirements for the renewal
			 period. New reciprocal licensees who prove that their license in the reciprocal
			 state whose license was recognized by Alabama was obtained by examination
			 within twelve (12) months preceding expiration of their Alabama license will
			 also be considered to have met the continuing education requirements for the
			 renewal period.
(d) Reciprocal
			 licensees whose home state requires continuing education for license renewal
			 will be considered to have met the continuing education requirements of
			 Alabama.
(e) Four (4) hours
			 continuing education credit will be given to board members currently serving on
			 the Alabama State Board of Auctioneers.
(f) Licensees who do not meet the
			 requirements under sections (c), (d), and (e) of this Rule may meet the
			 continuing education requirement by completing six (6) clock hours of
			 instruction in one or more of the following:
(1) Any board approved course offered by an
			 approved auctioneering school and taught by an approved instructor.
(2) Any course offered by the National
			 Auctioneers Association (NAA) which provides credit toward any of the
			 designations offered by the NAA.
(3) Any seminar offered by the Alabama
			 Auctioneers Association which is approved by the board.
(4) Any combination of courses which meet the
			 requirements of the Alabama Real Estate Commission for continuing
			 education.
(5) Any seminar
			 underwritten by the board or its designated representative (hour for
			 hour).
(6) Presentation of an
			 auctioneer-related paper for a seminar or conference prepared and presented by
			 the licensee (approval and credit determined by the Board).
(7) Publication of an auctioneer-related
			 article in a board-recognized professional journal (approval and credit
			 determined by the board).
(8) Any
			 seminar or course which the board deems to be appropriately related to the
			 auctioneering industry (hour for hour).
Alabama Administrative Code › Title 150 - ALABAMA STATE BOARD OF AUCTIONEERS › Chapter 150-X-1 - RULES AND REGULATIONS › Section 150-X-1-.14 - Board Policies And Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Anyone wishing to address the board at a
			 regularly scheduled board meeting will be required to submit a written request
			 to the board no later than two weeks prior to the board meeting date. The
			 request should include the topic to be addressed and the name(s) of the
			 presenter(s). If time permits, the matter will be placed on the board's agenda;
			 otherwise, the matter will be placed on the agenda for the next regularly
			 scheduled board meeting. All presenters will be given a time limit of fifteen
			 (15) minutes to present their requests to the board.
(b) All proceedings of the Board shall be
			 governed by Roberts Rules of Order, latest revised edition, except during
			 disciplinary proceedings and except where otherwise provided in these
			 rules.
(c) The board will issue
			 letters verifying Alabama licensure (Letter of Verification) to any other state
			 licensing board upon receipt of a written request from the licensee. The
			 request should include the State Licensing Board the letter is to be sent
			 to.
(d) The board should be
			 notified immediately and in writing of a change of address for any licensee. A
			 new license reflecting the new address will then be issued and forwarded to the
			 licensee.
(e) Upon notification
			 that a licensee's bond is subject to cancellation by his/her bonding company,
			 the board will notify the affected licensee in writing of the company's intent
			 to cancel coverage. The licensee will be required to furnish a new bond to the
			 board before the old bond expires in order to remain in good standing with the
			 board and prevent a lapse in licensure.
(f) A signed and completed Complaint Form is
			 required in order to file an official complaint with the board. Anonymous
			 complaints will not be accepted.
(g) The board must receive CEU Reporting
			 Forms for all licensees in order to ensure proper credit for continuing
			 education hours. CEU forms should be given to all attendees of approved
			 continuing education by the education provider and should be signed by the
			 instructor. The licensee is responsible to complete the questionnaire, sign it,
			 and submit it to the board for proper credit. (34-4-4)
Rule .16 was renumbered to .14 as per certification filed
				  July 24, 2007; effective August 28, 2007.
Author:
J.O. Blandenburg
Statutory Authority:
Code of Ala.
				  1975
, §
										34-4-21.
Alabama Administrative Code › Title 150 - ALABAMA STATE BOARD OF AUCTIONEERS › Chapter 150-X-1 - RULES AND REGULATIONS › Section 150-X-1-.15 - Application For Spouses Of Active Duty Military Personnel

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Per the Military Family Jobs Opportunity
			 Act (Act 2018-540), an applicant shall be issued a license, pending approval,
			 if the requirements of the original issuing state or governing body are
			 substantially equivalent to that required by the Board.
(2) Per the Military Family Jobs Opportunity
			 Act (Act 2018-540), if an applicant is approved for licensure, the board will
			 waive the initial licensing fee.
(3) Per the Military Family Jobs Opportunity
			 Act (Act 2018-540), temporary licenses shall be issued to applicants for a
			 180-day period, so that the applicant can begin practice while completing any
			 and all requirements for full licensure.
Author:
John L. Keating
Statutory Authority:
Code of Ala.
				  1975
, §
										34-4-21.
Alabama Administrative Code › Title 150 - ALABAMA STATE BOARD OF AUCTIONEERS › Chapter 150-X-1 - RULES AND REGULATIONS › Appendix I - Fees

Current through Register Vol. 42, No. 9, June 28, 2024
$350
Reciprocal Licensure Fee
$100
Apprentice Annual Licensure Fee (due September
							 30th each year)
$200
Auctioneer (Individual) Annual Licensure Fee (due
							 September 30th each year)
$200
Auctioneer (Company) Annual Licensure Fee (due
							 September 30th each year)
$150
Auctioneer and Apprentice Examination Fee charged
							 each time the exam is taken.
$750
Single Auction License
$100
Auctioneer Inactive Fee
$ 50
Apprentice Inactive Fee
$ 25
Fine for late renewal of Apprentice License if
							 renewed by November 30th of expiration year. If not
							 renewed by November 30th of expiration year, the
							 license is considered expired.
$ 50
Fine for late renewal of Auctioneer License if
							 renewed by November 30th of expiration year. If not
							 renewed by November 30th of expiration year, the
							 license is considered expired.
Rule .15 was renumbered to .13 as per certification filed
				  July 24, 2007; effective August 28,
				  2007.
Author:
State Board of Auctioneers
Statutory Authority:
Code of Ala.
				  1975
, §
Alabama Administrative Code › Title 150 - ALABAMA STATE BOARD OF AUCTIONEERS › Chapter 150-X-1 - RULES AND REGULATIONS › Appendix II - Forms Associated With These Rules and Regulations

Current through Register Vol. 42, No. 9, June 28, 2024
Application for Approved Auction School
Application for Continuing Education Provider
Application for Licensed Apprentice Auctioneer
Application for Licensed Apprentice Auctioneer Renewal
Application for Licensed Auctioneer
Application for Licensed Auctioneer Renewal
Application for Reciprocal Licensure
Apprentice Auctioneer's Affidavit
Auction Company Owner's Affidavit
CEU Reporting Form Change of Address Form
Complaint Form
Principal Auctioneer's Affidavit
Sponsoring Auctioneer's Affidavit
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Author:
State Board of Auctioneers
Statutory Authority:
Code of Ala.
				  1975
,
Alabama Administrative Code › Title 153 - ALABAMA STATE PROFESSIONAL BAIL BONDING BOARD › Chapter 153-X-1 - General Provisions › Section 153-X-1-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
The purpose of these Rules and Regulations ("rules") is to set
				specific requirements for professional bail companies and professional surety
				companies, professional bondsmen, professional surety bondsmen, and recovery
				agents engaged in the bail bond business in this state pursuant to the Alabama
				Bail Bond Regulatory Act, Chapter 13 of Title 15,
Code of Ala.
				1975
.
Author:
Alabama Professional Bail Bonding
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-13-203.
Alabama Administrative Code › Title 153 - ALABAMA STATE PROFESSIONAL BAIL BONDING BOARD › Chapter 153-X-1 - General Provisions › Section 153-X-1-.02 - Authority

Current through Register Vol. 42, No. 9, June 28, 2024
These rules are issued pursuant to the authority vested in the
				Board under the Alabama Bail Bond Regulatory Act, Chapter 13 of Title 15,
Code of Ala. 1975
, and all other applicable provisions
				of Alabama law.
(1) Board Members are
			 appointed through the Governor's Office from a list of not more than four (4)
			 recommendations made by the Alabama Bail Bond Association.
(2) Board Members are selected to represent
			 the seven (7) congressional districts along with one (1) serving district or
			 municipal court judge and one (1) serving circuit or municipal court clerk to
			 comprise a nine (9) member Board.
(3) Any Board Member who fails to attend two
			 (2) or more consecutive meetings may be asked to resign or otherwise reported
			 to the Governor for removal.
Author:
Alabama Professional Bail Bonding
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-13-207.
Alabama Administrative Code › Title 153 - ALABAMA STATE PROFESSIONAL BAIL BONDING BOARD › Chapter 153-X-1 - General Provisions › Section 153-X-1-.03 - Effective Date And Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
These rules shall be effective June 1, 2020, and shall be
				applicable to all professional bail bond and professional surety companies'
				employees, professional bail bondsmen, professional surety bondsmen, and
				recovery agents pursuant to the Alabama Bail Bond Regulatory Act, Chapter 13,
				Title 15,
Code of Ala. 1975
, and all other applicable
				provisions of Alabama law.
Author:
Alabama Professional Bail Bonding
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §§
				  15-13-2017.
Alabama Administrative Code › Title 153 - ALABAMA STATE PROFESSIONAL BAIL BONDING BOARD › Chapter 153-X-3 - Licensure › Section 153-X-3-.01 - Bail Bond Application For Licensure

Current through Register Vol. 42, No. 9, June 28, 2024
All applications for licensure must be submitted on approved
				forms as prescribed by the Board. The application can be printed from the
				website or the applicant can complete the application on-line. The location to
				find the printed application or to complete the application with the on-line
				service is located at
www.apbb.alabama.gov
.
Author:
Alabama Professional Bail Bonding
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §
										15-13-202.
Alabama Administrative Code › Title 153 - ALABAMA STATE PROFESSIONAL BAIL BONDING BOARD › Chapter 153-X-3 - Licensure › Section 153-X-3-.02 - License Number

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 Board shall assign a license number to a professional bail bondsman,
			 professional surety, or recovery agent, beginning the year of first issuance
			 followed by a number code.
(2)
			 Should a licensee have a legal name change, the licensee's assigned license
			 number shall remain the same.
Author:
Alabama Professional Bail Bonding
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §
										15-13-213.
Alabama Administrative Code › Title 153 - ALABAMA STATE PROFESSIONAL BAIL BONDING BOARD › Chapter 153-X-3 - Licensure › Section 153-X-3-.04 - License Required

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Licensees must be prepared to present a current copy of his/her license when
			 executing a bail bond to any persons authorized to approve bail.
(2) Licensees must carry a current copy of
			 his/her own license when conducting business as a professional bail bondsman,
			 professional surety, or recovery agent and must present the same upon request
			 of a client or the public.
(3)
			 Licensees shall promptly report, in writing via certified mail and/or
			 electronic mail, the loss of a license certificate to the Board's Executive
			 Director. A duplicate license certificate requires a completed application form
			 as provided by the Board and an accompanying replacement fee.
(4) An original signature by the licensee
			 executing the bond must be affixed to the bond. Bonds shall only be signed by
			 the licensee; no licensee shall sign for another licensee.
(5) It is a violation for any unlicensed
			 person and/or any person who does not have a current license to solicit or
			 engage in the bail bond or surety business. Any licensee who permits any
			 unlicensed person and/or permits any person who does not have a current license
			 to solicit or engage in the bail bond or surety business on his/her/its behalf
			 shall be deemed in violation of the Alabama Bail Bond Regulatory Act, Chapter
			 13 of Title 15,
Code of Ala. 1975
.)
Author:
Alabama Professional Bail Bonding
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-13-202,
				  15-13-213.
Alabama Administrative Code › Title 153 - ALABAMA STATE PROFESSIONAL BAIL BONDING BOARD › Chapter 153-X-3 - Licensure › Section 153-X-3-.05 - Apprentice Licenses

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Any person seeking licensure as an apprentice shall submit an application on a
			 form provided by the Board.
(2) No
			 person shall act as an apprentice prior to being issued an Apprentice License
			 by the Board.
(3) Any person
			 seeking licensure as an apprentice shall submit an affidavit, on a form
			 provided by the Board, attesting that the applicant has no felony convictions.
			 This affidavit shall be submitted simultaneously with the application for
			 licensure.
(4) An Apprentice
			 License shall only be valid for 120 days from date of issuance, except that an
			 apprentice who is at least 19 but under 21 years of age may be issued an
			 Apprentice License that may remain valid, up and until the apprentice reaches
			 the age of 21.
(5) An apprentice
			 shall be accompanied by a licensed professional bail bondsman, professional
			 surety, or recovery agent, who is responsible for directing and overseeing the
			 actions of the apprentice during the performance of his duties, except an
			 apprentice may deliver written correspondence, documents, etc., to the Court,
			 the Sheriff or other jail related facilities without physical supervision. The
			 accompanying licensee shall be responsible and accountable for the actions of
			 the apprentice.
Author:
Alabama Professional Bail Bonding
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-13-202,
				  15-13-213.
Alabama Administrative Code › Title 153 - ALABAMA STATE PROFESSIONAL BAIL BONDING BOARD › Chapter 153-X-4 - License Renewal and Continuing Education › Section 153-X-4-.01 - License Renewal And Continuing Education

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All professional bail companies,
			 professional surety companies, professional bondsmen, professional surety
			 bondsmen, and recovery agents, commencing and/or conducting business in any
			 judicial circuit in this state, shall obtain and maintain a current license,
			 which shall expire each year on October 31 at 11:59 p.m., unless renewed within
			 the time allowed as set forth herein. Once a license has expired, an individual
			 and/or company shall immediately cease and desist from providing bail bond
			 and/or recovery services as providing bail bond or recovery agent services
			 under an expired license is prohibited. Once a license expires, an individual
			 and/or company cannot request inactive status.
(2) A completed renewal application and
			 assessed late fee penalty, if applicable, must be received by the Board's
			 office no later than October 31 at 11:59 p.m. on each year to prevent
			 expiration. Upon the Board's timely receipt of the licensee's completed renewal
			 application, fingerprint background check, proof of required education and
			 assessed late fee penalty, if applicable, said renewal application will be
			 processed within a reasonable time after the Board's office has received the
			 same. An individual may not provide bail bond or recovery agent services under
			 an expired license.
(3) Licensees
			 who fail to complete the required continuing education program will not be
			 re-licensed for the upcoming-renewal period. Licensees desiring to have their
			 licenses reinstated must attend a continuing education class offered in the
			 current licensing period before a license will be issued. A second continuing
			 education class must be attended for a licensee to obtain a license for the
			 following-renewal period.
(4) The
			 Board will notify all individuals with an expired license of their license
			 status in writing, will notify their employer of record, and will post their
			 name on the Board website. The Board's Executive Director or its designee will
			 follow up on each expired license to ensure that bail bond services are not
			 being provided under an expired license. Persons providing any type of bail
			 services under an expired license are subject to disciplinary action by the
			 Board.
Author:
Alabama Professional Bail Bonding
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-13-202,
				  15-13-217.
Alabama Administrative Code › Title 153 - ALABAMA STATE PROFESSIONAL BAIL BONDING BOARD › Chapter 153-X-4 - License Renewal and Continuing Education › Section 153-X-4-.02 - Renewal Application Deadlines

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Renewal applications must be received at
			 the Board's office by September 30th of each year. All licensees shall submit
			 renewal applications in accordance with the Board's application requirements
			 (which annually require a minimum number of hours of educational or
			 instructional courses, unless exempted) and the fingerprint background check to
			 the Alabama Professional Bail Bonding Board electronically at
www.apbb.alabama.gov
or via certified
			 mail to the Alabama Professional Bail Bonding Board office. The Board's
			 application requirements are located at
www.apbb.alabama.gov
and the renewal
			 application forms can be located on-line at
www.apbb.alabama.gov
. Failure to receive a
			 renewal application form from the Board shall not constitute an excuse for a
			 licensee's failure to renew a license and shall not constitute an excuse for a
			 licensee's failure to timely renew a license.
(2) Renewal applications received at the
			 Board's office after September 30th and by October 31st will be processed;
			 however, a late fee penalty of $125.00 will be assessed against the licensee.
			 Said assessed penalty must be received at the Board's office when the completed
			 renewal application form is received at the Board's office for the renewal
			 application to be deemed properly submitted and subsequently
			 processed.
(3) Renewal application
			 forms received at the Board office after 11:59 p.m. on October 31st, will be
			 processed on the licensees' expired license; however, a late fee penalty of
			 $125.99 will be assessed against the licensee. Said assessed late fee penalty
			 must be received by the Board when the Board received the completed renewal
			 application form for the licensee's renewal application to be deemed properly
			 submitted and subsequently processed.
(4) Licensees must have completed the
			 applicable minimum continuing education or instructional hours for their
			 license to be renewed. (See 153-X-4-.06)
Author:
Alabama Professional Bail Bonding
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-13-202,
				  15-13-217.
The
				amended version of this section by
				Alabama
				Administrative Monthly Volume XLII, Issue No. 08, May 31, 2024,
				filed May 16, 2024 is not yet
				available.
Alabama Administrative Code › Title 153 - ALABAMA STATE PROFESSIONAL BAIL BONDING BOARD › Chapter 153-X-4 - License Renewal and Continuing Education › Section 153-X-4-.03 - Failure To Meet License Renewal Deadline

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A license will be designated as "Expired"
			 effective November 1st of each year if the Board has not received a licensee's
			 completed renewal application form and assessed late fee penalty, if
			 applicable, by 11:59 p.m. on October 31st* Once a license has expired, an
			 individual and/or company must immediately cease and desist from providing bail
			 bond and/or recovery services as an individual and/or company is prohibited
			 from providing bail bond or recovery agent services under an expired license.
			 Once a license expired, an individual and/or company cannot request inactive
			 status.
(2) The license status
			 remains "Expired" until the licensee receives official written notification
			 from the Board's office that states that the licensee's "Expired" license has
			 been reinstated.
Author:
Alabama Professional Bail Bonding
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-13-202,
				  15-13-217.
Alabama Administrative Code › Title 153 - ALABAMA STATE PROFESSIONAL BAIL BONDING BOARD › Chapter 153-X-4 - License Renewal and Continuing Education › Section 153-X-4-.04 - Reinstatement Of An Expired License

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A license expires if a completed renewal
			 application and late fee penalty, if applicable, is not received at the Board's
			 office by 11:59 p.m. on October 31st each year. A licensees' expired license
			 can be reinstated under the following limited conditions:
(2) By submitting a completed renewal
			 application form (with the necessary applicable education or instructional
			 course hours) and an assessed late fee penalty of $125.00 to the Board which
			 will be processed by the Board so long as both the completed renewal
			 application form and assessed late fee penalty are received by the Board's
			 office within 12 months of expiration.
(3) Personal checks and/or cash will NOT be
			 accepted with the renewal application form.
Author:
Alabama Professional Bail Bonding
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-13-202,
				  15-13-217.
Alabama Administrative Code › Title 153 - ALABAMA STATE PROFESSIONAL BAIL BONDING BOARD › Chapter 153-X-4 - License Renewal and Continuing Education › Section 153-X-4-.05 - Required Continuing Education To Be Licensed

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Licensees shall annually complete not
			 fewer than eight (8) hours of continuing education courses presented by a
			 Board- approved provider which shall be published on the Board's website except
			 for the following stated limited exception and exemptions:
(a) Licensees who commencing business i.e.,
			 began working for the first time as a professional bondsman, professional
			 surety bondsman and/or as a recovery agent on or after June 1, 2020, shall
			 complete an initial 16-hour instructional course in lieu of the eight (8) hours
			 of continuing education courses for that licensure cycle.
(b) Professional bail Company Owners who are
			 55 years of age and have a least 5 years of experience must only complete 4
			 hours of continuing education, and
(c) Professional Bail Company Owners or
			 Professional Bondsmen who are 65 years of age or older and have at least 15
			 years' experience are exempt from continuing education requirements.
(d) Licensees who fail to complete the
			 applicable annually-required continuing education course hours from a
			 Board-approved provider or, if applicable, fail to complete the initial 16-hour
			 instructional courses program will not be re-licensed and their license will
			 not be renewed until they are in full compliance with Board requirements.
			 Licensees desiring to have their licenses timely renewed or reinstated must
			 attend and complete the applicable number of continuing education course hours
			 or instruction course hours before a license will be renewed or reinstated and
			 these continuing education or instructional course hours will only apply toward
			 fulfilling the past deficient hours required for the past renewal or licensing
			 period. The licensee must then also complete and attend the applicable
			 annually-required continuing education course hours from a "board-approved"
			 provider to obtain and/or renew a license for the current renewal period. The
			 same educational hours cannot be applied twice.
Alabama Administrative Code › Title 153 - ALABAMA STATE PROFESSIONAL BAIL BONDING BOARD › Chapter 153-X-4 - License Renewal and Continuing Education › Section 153-X-4-.06 - Notification Of Expired License

Current through Register Vol. 42, No. 9, June 28, 2024
The Board will notify all individuals and companies with an
				expired license of their expired license status in writing and will notify the
				individual's employer of record and will post the name of each individual
				and/or company with an expired license on the Board's website. The Board's
				Executive Director of the Board's designee will follow up on each expired
				license to ensure that bail bond services are not being provided under an
				expired license. Individuals and/or companies providing any type of bail
				services under an expired license are subject to disciplinary action by the
				Board in addition to criminal charges.
Author:
Alabama Professional Bail Bonding
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-13-202,
				  15-13-217.
Alabama Administrative Code › Title 153 - ALABAMA STATE PROFESSIONAL BAIL BONDING BOARD › Chapter 153-X-5 - License Denial/Revocation - Bondsman/Recovery Agent › Section 153-X-5-.01 - License Denial/Revocation - Bondsman/Recovery Agent

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A license to a professional bail
			 bondsman, professional surety, or recovery agent, shall not be issued or
			 renewed to any individual, and may be revoked, if that individual:
(a) Has been convicted of a felony or any
			 offense involving moral turpitude, as determined by the Alabama Professional
			 Bail Bonding Board.
(b) Is
			 regularly, temporarily, or frequently employed by:
1. A court of law; or
2. As an employee authorized to approve bail;
			 or
3. A public law enforcement
			 agency.
(c) Is an
			 attorney holding an active license by the State of Alabama.
(d) Is found by the Board upon a complaint
			 being filed to be incompetent, untrustworthy, financially irresponsible, or of
			 doubtful personal and business reputation.
(e) Is a person whose license has been
			 previously revoked unless approved by the Board.
(f) Is found to have offered or received
			 sexual contact, sexual favors, or sexual congress in any form in exchange for
			 the issuance of a bond or while the bond or bondman's process is in
			 effect.
(g) Knowingly and willfully
			 submits a material misstatement or misrepresentation in an application for
			 license.
(h) Commits any act during
			 which would have been cause for refusal to issue a license had it been known to
			 the Board at the time of issuance.
(i) Violates any part of the Alabama Bail
			 Bond Regulatory Act, Chapter 13 of Title 15,
Code of Ala.
			 1975
.
Alabama Administrative Code › Title 153 - ALABAMA STATE PROFESSIONAL BAIL BONDING BOARD › Chapter 153-X-5 - License Denial/Revocation - Bondsman/Recovery Agent › Section 153-X-5-.02 - License Denial/Revocation - Professional Bail Company/Professional Surety Company

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A
			 license to a professional bail company and/or professional surety company shall
			 not be issued or renewed to any company, and may be revoked, if that company:
(a) Continues to employ individuals who have
			 been convicted of a felony or any offense involving moral turpitude, as
			 determined by the Alabama Professional Bail Bonding Board.
(b) Employs individuals who are also
			 regularly, temporarily or frequently employed by:
1. A court of law; or
2. As an employee authorized to approve bail;
			 or
3. A public law enforcement
			 agency.
(c) Employs an
			 individual who has had their license revoked or suspended by the
			 Board.
(d) Is owned or operated, in
			 whole or in part, by an individual who has been found by the Board upon a
			 complaint being filed to be incompetent, untrustworthy, financially
			 irresponsible, or of doubtful personal and business reputation.
(e) Employs a person whose license has been
			 previously revoked, unless approved by the Board.
(f) Is owned or operated, in whole or in
			 part, by an individual who has been found to have offered or received sexual
			 contact, sexual favors, or sexual congress in any form in exchange for the
			 issuance of a bond or while the bond or bondman's process is in
			 effect.
(g) Knowingly and willfully
			 submits a material misstatement or misrepresentation in in an application for
			 license.
(h) Commits any act during
			 which would have been cause for refusal to issue a license had it been known to
			 the Board at the time of issuance.
(i) Violates any part of the Alabama Bail
			 Bond Regulatory Act, Chapter 13 or Title 15
Code of Ala.
			 1975
.
(j) Any licensee
			 having knowledge that another licensee has committed a violation of these
			 rules, any statute regulation bail bonds, professional bail bondsmen,
			 professional sureties, recovery agent, professional bail bond or professional
			 surety companies, that a licensee has been convicted of a felony or other
			 offenses which would disqualify the licensee from holding such license, shall
			 promptly, within fourteen (14) calendar days of the discovery of such
			 information, notify the Board in writing.
Alabama Administrative Code › Title 153 - ALABAMA STATE PROFESSIONAL BAIL BONDING BOARD › Chapter 153-X-6 - Collateral; Fiduciary Relationship › Section 153-X-6-.01 - Collateral

Current through Register Vol. 42, No. 9, June 28, 2024
(1) When a company
			 or licensee takes physical possession of collateral, a pre-numbered written
			 receipt must be given to the client reflecting the following:
(a) The name, address, and telephone number
			 of the company;
(b) The name, date,
			 and signature of the client giving collateral;
(c) The case numbers for which collateral is
			 posted;
(d) A description and
			 approximate value of collateral received:
(e) The purpose for collateral received;
			 and
(f) The name and signature of
			 the licensee.
Alabama Administrative Code › Title 153 - ALABAMA STATE PROFESSIONAL BAIL BONDING BOARD › Chapter 153-X-6 - Collateral; Fiduciary Relationship › Section 153-X-6-.02 - Return Of Excess Collateral On Forfeiture

Current through Register Vol. 42, No. 9, June 28, 2024
(1) If collateral received is in excess of
			 the bail forfeited, such excess shall be returned to the client immediately
			 after the collateral is applied to the forfeiture.
(2) Documented and reasonable expenses
			 incurred due to a breach of the contract or Court Order may be deducted from
			 the collateral, if the Court does not allow a remission from the sum specified
			 in the bail bond.
Author:
Alabama Professional Bail Bonding
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §
										15-13-207.
Alabama Administrative Code › Title 153 - ALABAMA STATE PROFESSIONAL BAIL BONDING BOARD › Chapter 153-X-6 - Collateral; Fiduciary Relationship › Section 153-X-6-.03 - Refund Of Premium

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A
			 client shall be entitled to a refund of his/her premium when the client is
			 surrendered by his bail bondsman at any time prior to the final termination of
			 the liability of the bond, provided that the client has not committed any of
			 the following:
(a) Failed to appear for court
			 or left the jurisdiction of the court without written consent of the court
			 and/or the bail bondsman.
(b) Moved
			 from his/her place of residence without notifying his/her bail
			 bondsman.
(c) Was arrested for an
			 offense, other than a violation.
(d) Violated any substantive provision in the
			 bail bond contract.
(e) Client
			 cannot be put back into custody for non-payment.
Alabama Administrative Code › Title 153 - ALABAMA STATE PROFESSIONAL BAIL BONDING BOARD › Chapter 153-X-6 - Collateral; Fiduciary Relationship › Section 153-X-6-.04 - Surety Practice Rules

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any Company that is required to use
			 documents, power of attorney, or any materials from general Surety Agency shall
			 use only original documents.
(2)
			 Any Company that owes monies to any general Surety Agent or Court shall not
			 change their Surety until all monies are paid in full.
(3) Any Company or Licensee shall not exceed
			 their underwriting authority for Bail amounts.
(4) Any Company or Licensee shall not have
			 any delayed reporting to their General Surety Agent.
(5) Any Company or Licensee shall return any
			 and all documents requested by their General Surety Agency upon
			 request.
(6) Any company or
			 licensee shall attach Powers of Attorney and/or any required documents to their
			 bonds as required by their General Surety Agency.
Author:
Alabama Professional Bail Bonding
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §
										15-13-207.
Alabama Administrative Code › Title 153 - ALABAMA STATE PROFESSIONAL BAIL BONDING BOARD › Chapter 153-X-7 - Complaint Process › Section 153-X-7-.01 - Complaint Form

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Complaints may be filed pursuant to the Alabama Bail Bond Regulatory Act,
			 Chapter 13 of Title 15,
Code of Ala. 1975
.
(2) Any person desiring to make a complaint
			 concerning an alleged violation of the Alabama Bail Bond Regulatory Act,
			 Chapter 13 of Title 15,
Code of Ala. 1975
by any
			 bondsman shall use the APBB Consumer Complaint Form as provided by the Board.
			 The Complaint form is located at
www.apbb.alabama.gov
.
(3) Complaint forms must be submitted to the
			 Executive Director in writing and must contain the notarized signature of the
			 complaining person/or party.
Author:
Alabama Professional Bail Bonding
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §
										15-13-207.
Alabama Administrative Code › Title 153 - ALABAMA STATE PROFESSIONAL BAIL BONDING BOARD › Chapter 153-X-7 - Complaint Process › Section 153-X-7-.02 - Complaints

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All complaints
			 received by the Executive Directory shall be forwarded to the Investigate
			 Committee and may be subjected to investigation. Complaints must be submitted
			 within one hundred eighty (180) days of the alleged occurrence. The
			 Investigative Committee shall be appointed by the Board Chairman and consist of
			 the Executive Director and two Board members.
(2) A copy of all complaints will be
			 forwarded to the licensee that is the subject of the complaint.
(3) A copy of all complaints will be
			 forwarded to the company employing any licensee who is the subject of any
			 complaint.
(4) Any licensee that is
			 the subject of a complaint shall promptly, within thirty (30) calendar days,
			 respond to all correspondence or request(s) for information directed to the
			 licensee by the Board or any employee thereof. Every licensee shall fully
			 cooperate with any examination or investigation conducted by the Board, the
			 Executive Director, the Investigative Committee, and /or its designee. Failure
			 to do so may be grounds for a hearing, suspension of license, or revocation of
			 license.
(5) Failure on the part of
			 any licensee to make requested records available for inspection or examination
			 upon request by the Board, the Executive Director, and/or its designee pursuant
			 to a complaint may provide grounds for a hearing, suspension of license, or
			 revocation of license.
(6) Any
			 person that is regulated by this Board who files a complaint or causes a
			 complaint to be filed against another regulated entity, that is ultimately
			 determined, by the Board, to be a complaint without merit, the complaining
			 party shall be brought before this Board for appropriate disciplinary action
			 pursuant to the Alabama Bail Bond Regulatory Act, Chapter 13 of Title 15,
Code of Ala. 1975
.
Author:
Alabama Professional Bail Bonding
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §
										15-13-207.
Alabama Administrative Code › Title 153 - ALABAMA STATE PROFESSIONAL BAIL BONDING BOARD › Chapter 153-X-8 - Hearing Process › Section 153-X-8-.01 - Hearing Officer

Current through Register Vol. 42, No. 9, June 28, 2024
The Board may appoint a hearing officer to preside at
				hearings, and the hearing officer shall prepare a written recommendation to the
				Board. The Board will review such report within thirty (30) calendar days to
				render a decision. The hearing officer is selected pursuant to the Alabama
				Administrative Procedures Act, Chapter 22 of Title 41,
Code of Ala.
				1975
.
Author:
Alabama Professional Bail Bonding
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §
										15-13-216.
Alabama Administrative Code › Title 153 - ALABAMA STATE PROFESSIONAL BAIL BONDING BOARD › Chapter 153-X-9 - Fees › Section 153-X-9-.01 - Fees

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All fees and
			 fines paid to the Board are non-refundable.
(2) All fees and fines are payable by
			 certified check, cashier's check, corporate or business check, or money order.
(a) Counter checks are not an acceptable
			 method of payment.
(b) Personal
			 checks will not be accepted.
Alabama Administrative Code › Title 153 - ALABAMA STATE PROFESSIONAL BAIL BONDING BOARD › Chapter 153-X-11 - Disciplinary Proceedings › Section 153-X-11-.02 - Alabama Administrative Procedure Act

Current through Register Vol. 42, No. 9, June 28, 2024
The Board hereby adopts by reference as its rules Section
				41-22-1,
				et seq.,
Code of Alabama 1975
, governing contested cases,
				appeals, and related proceedings.
Author:
Alabama Professional Bail Bonding
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §
										15-13-216
Alabama Administrative Code › Title 153 - ALABAMA STATE PROFESSIONAL BAIL BONDING BOARD › Chapter 153-X-11 - Disciplinary Proceedings › Section 153-X-11-.03 - Formal Disposition Of Contested Cases

Current through Register Vol. 42, No. 9, June 28, 2024
(1) At least thirty (30) days prior to the
			 administrative hearing, a notice of hearing and a copy of the charges shall be
			 served on the unlicensed individual, unlicensed company, applicant or licensee
			 via personal service and/or registered or certified mail to the last known
			 address for the applicant or licensee on file with the Board. If service of
			 process is refused or unclaimed, and the certified mail receipt or the return
			 of the person serving process so indicates, the Board may serve the document by
			 first-class mail addressed to the licensee or other person at his or her last
			 known address as shown in the Board's records. Service shall be deemed complete
			 three (3) days after the depositing of same in the United States
			 mail.
(2) The Board's complaint may
			 be amended prior to the hearing, but no amendment shall be permitted on fewer
			 than thirty (30) days notice which is not germane to the initial charge or
			 charges or which materially alters the nature of any offense charged in the
			 initial complaint.
(3) Requests for
			 subpoenas shall be filed with the Hearing Officer at least fifteen (15) days
			 prior to the hearing along with the appropriate subpoena-processing fee. Any
			 expense for service by a sheriff, process server, or other entity shall be the
			 responsibility of the party requesting the subpoena. Any expenses incurred
			 relative to subpoenas requested by a respondent, either for witnesses or
			 related to production of documents, are the responsibility of the party
			 requesting the issuance of said subpoena.
(4) The hearing shall be conducted by a
			 hearing officer appointed by the Board in accordance with the hearing
			 procedures set forth in the Alabama Administrative Procedure Act, Section
			 41-22-1,
			 et seq.,
Code of Ala 1975
. The hearing officer shall
			 have the authority to perform those acts set forth in Section
			 41-22-12(c),
Code of Ala. 1975
, and shall rule on all questions of
			 evidence and procedure, notwithstanding any other provisions of these rules to
			 the contrary. All testimony provided at the hearing shall be under oath, and a
			 record of the proceeding shall be transcribed by a court reporter scheduled by
			 the Board.
Author:
Alabama Professional Bail Bonding
				  Board
Statutory Authority:
Code of Ala.
				  1975
, § 15-12-216.
Alabama Administrative Code › Title 153 - ALABAMA STATE PROFESSIONAL BAIL BONDING BOARD › Chapter 153-X-11 - Disciplinary Proceedings › Section 153-X-11-.04 - Informal Disposition Of Contested Cases (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Alabama Professional Bail Bonding
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-13-207,
				  15-13-210.
Alabama Administrative Code › Title 153 - ALABAMA STATE PROFESSIONAL BAIL BONDING BOARD › Chapter 153-X-11 - Disciplinary Proceedings › Section 153-X-11-.05 - Decision Of The Board

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Based upon the evidence presented at the administrative hearing, the Board may
			 do one or more of the following:
(a) Dismiss
			 the complaint.
(b) Suspend the
			 licensee's license. A suspended license is subject to expiration during the
			 suspension period and must still be renewed. Only a current license may be
			 restored to the licensee at the end of the suspension period.
(c) Revoke the licensee's license.
(d) The Board may levy a fine not to exceed
			 one thousand dollars ($1,000) per violation. Each incident, after Board notice
			 of a violation of its rules and regulations or statute, may be considered as a
			 separate violation.
(e) The Board
			 may refer a licensee or unlicensed person or business to the appropriate
			 authorities for criminal prosecution.
Alabama Administrative Code › Title 153 - ALABAMA STATE PROFESSIONAL BAIL BONDING BOARD › Chapter 153-X-11 - Disciplinary Proceedings › Section 153-X-11-.06 - Application Following Denial Of Licensure

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Application for a license following
			 denial of licensure shall:
(a) Include
			 evidence of resolution of the stated reasons for denial in the Board's final
			 order.
Alabama Administrative Code › Title 153 - ALABAMA STATE PROFESSIONAL BAIL BONDING BOARD › Chapter 153-X-11 - Disciplinary Proceedings › Section 153-X-11-.07 - Reinstatement of Revoked, Suspended, or Expired License

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Reinstatement of a revoked or suspended
			 license due to violations of Board statutes or rules:
(a) Application for reinstatement:
1. May be made twelve (12) months after the
			 effective date of revocation unless otherwise specified in the Board's final
			 order revoking or suspending the license of a professional bail bonds,
			 professional surety, or recovery agent; and
2. Shall be made according to forms and
			 guidelines provided by the Board;
3. Applicants for reinstatement of revoked or
			 suspended licenses are required to have paid all current and past due fees and
			 fines to the Board. In addition, applicants for reinstatement of a revoked
			 license must meet all current certification requirements, including passage of
			 the written examination, and any additional requirements imposed under the
			 Board's rules.
Alabama Administrative Code › Title 153 - ALABAMA STATE PROFESSIONAL BAIL BONDING BOARD › Chapter 153-X-11 - Disciplinary Proceedings › Section 153-X-11-.08 - Reconsideration

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A licensee may
			 appeal a decision of the Board by submitting a request for reconsideration to
			 the Board office within ninety (90) days following the date of issuance of a
			 final order of the Board.
(2) The
			 request should be based upon newly discovered evidence which would justify
			 relief from the decision rendered.
(3) Such requests should include, by written
			 memorandum or brief, the detailed basis for such reconsideration. The opposing
			 party shall have the opportunity to present a written reply memorandum or brief
			 challenging such basis within thirty (30) days from the submission of the
			 request for reconsideration.
(4)
			 The Board shall review the written arguments of the parties at its next regular
			 or special meeting and, based upon such review, determine in its discretion by
			 a majority vote of those members on the Board present and voting on such
			 matter, whether to sustain its previous decision or grant such relief from the
			 decision as may be appropriate. In reviewing the request, the Board may, at its
			 sole discretion, hear further oral argument or new sworn testimony or suggest
			 supplemental responses. The Board shall render a written order setting forth
			 the determination of the Board within thirty (30) days of the vote reflecting
			 the decision of the Board.
(5) The
			 filing of the request for reconsideration shall be at the option of the parties
			 and should not be deemed as a prerequisite to, or hindrance of, a party's right
			 to judicial review of a Board decision in accordance with the procedures
			 provided under the Alabama Administrative Procedure Act, Chapter 22, Title 41,
Code of Ala. 1975
.
Author:
Alabama Professional Bail Bonding
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-13-210, 15-13-215.
Alabama Administrative Code › Title 153 - ALABAMA STATE PROFESSIONAL BAIL BONDING BOARD › Chapter 153-X-11 - Disciplinary Proceedings › Section 153-X-11-.09 - Conflict and Bias

Current through Register Vol. 42, No. 9, June 28, 2024
(1) No Board
			 member who has a disqualifying conflict or bias against an applicant or
			 licensee shall participate or vote in the consideration of any application,
			 information disposition of a contested case, or any disciplinary proceeding
			 before the Board concerning the applicant or licensee.
(2) Any challenge to a Board member's
			 participation based upon any alleged conflict or bias shall be filed within the
			 time set for the filing of motions as established by the hearing officer. Any
			 such challenge shall be accompanied by an affidavit(s) stating with specificity
			 the basis for the alleged conflict or bias.
Author:
Alabama Professional Bail Bonding
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §
										15-13-207.