Arkansas Administrative Code › Agency 235 - DEPARTMENT OF LABOR AND LICENSING › Division 09 - Professional Bail Bondsman Licensing Board › Rule 235.09.22-002 - Rule 1 - Regulation of the Bail Bond Business

Current through Register Vol. 49, No. 6, June, 2024
SECTION 1.
PURPOSE
The purpose of this Rule ("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 July 1, 2020 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;
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(27);
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.