Arkansas Administrative Code › Agency 164 - Professional Bail Bond Company and Bail Bondsman Licensing Board › Rule 164.00.05-001 - Rule 1 - Regulation of Bail Bond Business

Current through Register Vol. 49, No. 6, June, 2024
SECTION 1.
PURPOSE
The purpose of this Rule and Regulation ("rule") is to set
			 specific requirements that should be followed by professional bail bond
			 companies and professional bail bondsman engaged in the bail bond business in
			 this State, pursuant to Act 417 of 1989, codified as Ark. Code Ann. Section
			 17-19-101
et
seq
., as amended.
SECTION 2.
AUTHORITY
This rule is issued pursuant to the authority vested in the Board
			 under Ark. Code Ann. Sections
			 25-15-201,
et
seq
.,
			 17-19-106
			 and all other applicable provisions of Arkansas law.
SECTION 3.
EFFECTIVE DATE AND
		  APPLICABILITY
This rule shall be effective October 1, 2005 and shall be
			 applicable to all qualified professional bail bond companies and their
			 licensees and all applicants for a professional bail bond company or individual
			 bail bondsman license.
SECTION
		  4.
DEFINITIONS
The following definitions as used in this rule shall have the
			 following meaning:
A. "Board" shall
		  mean the Arkansas Professional Bail Bond Company and Professional Bail Bondsman
		  Licensing Board/Arkansas Professional Bail Bondsman Licensing Board;
B. "Director" shall mean the Executive
		  Director of the Board;
C. "Company"
		  shall mean a professional bail bond company as defined by Ark. Code Ann.
		  Section
		  17-19-101(7);
D. "Bail bondsman" shall mean a professional
		  bail bondsman as defined by Ark. Code Ann. Section
		  17-19-101(6);
E. "Premium" shall mean the money paid to a
		  bail bondsman or professional bail bond company for release of an
		  arrestee;
F. "Arrestee" shall mean
		  any person actually detained or subject to detention in custody whose release
		  may lawfully be effected by bail;
G. "Licensee" shall mean a professional bail
		  bond company or a professional bail bondsman;
H. "Bail bond" shall mean a bond for a
		  specified monetary amount executed by the defendant or principal and a
		  qualified licensee which is issued to a court, magistrate, or authorized
		  officer as security for the subsequent appearance of the defendant upon his
		  release from actual custody pending the appearance;
I. "Jail" shall mean any police station,
		  sheriff's office or other place where persons in the custody of the law are
		  detained;
J. "Principal" shall mean
		  the person(s) paying the bail bond premium and/or giving the
		  collateral;
K. "Surety" shall mean
		  the person/company responsible for the appearance of the defendant in
		  court;
L. "Private Investigator"
		  shall mean an Arkansas licensed private investigator as defined by Ark. Code.
		  Ann. §
								17-40-102(9);
M. "Bail Enforcement Agent/Bounty Hunter"
		  shall mean a person who is offered or given any compensation by a bail bond
		  company/ bail bondsman or surety in exchange for assisting the bail bondsman or
		  surety in apprehending or surrendering any defendant. This does not preclude
		  the right of bail bondsman or sureties to hire counsel or to ask assistance of
		  law enforcement officers.
N.
		  "Stacking" shall mean executing more than one bond to avoid exceeding a bail
		  bondsman's current Qualifying Power of Attorney.
O. "Direct Supervision" means the person is
		  in the physical presence of, and acting pursuant to instructions from, an
		  Arkansas licensed bail bondsman.