reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 1 - CONTINUING EDUCATION FOR BAIL BONDSMEN › Section 365:25-5-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Part is to set forth the prelicensing
					 and continuing education requirements for bail bondsmen and to set forth the
					 requirements for course approval.
Amended at 10 Ok Reg
					 1483, eff 5-1-93
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 1 - CONTINUING EDUCATION FOR BAIL BONDSMEN › Section 365:25-5-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this Part shall
					 have the following meaning, unless the context clearly indicates
					 otherwise:
"Association"
means the Oklahoma Bondsman
					 Association.
"CEC"
means continuing education
					 credit.
"Certificate of course completion"
means a
					 document acceptable to the Commissioner and completed by the Association, which
					 signifies satisfactory completion of the course and reflects hours of credit
					 earned.
"Clock hour"
means credit hour.
"Credit hour"
shall consist of at least a
					 fifty (50) minute classroom instructional session unless a correspondence or
					 self-study course.
"Education verification form"
means a form
					 acceptable to the Commissioner and completed by the licensee, which documents
					 compliance with the prelicensing or continuing education requirements.
"Instructor"
means a person who presents
					 course materials approved for prelicensing or continuing education credit hours
					 and who has experience, training, and/or education in the course subject matter
					 and has been approved by the Commissioner.
"Licensee"
means a natural person who is
					 licensed by the Commissioner as a bail bondsman.
"Proof of completion"
means the certificate of
					 course completion and education verification forms.
Amended at 10 Ok Reg
					 1483, eff 5-1-93; Amended at 11 Ok Reg 3317, eff
					 7-1-94
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 1 - CONTINUING EDUCATION FOR BAIL BONDSMEN › Section 365:25-5-3 - Education requirements

Current through Vol. 41, No. 20, July 1,
				  2024
(a)
Education
				  verification prior to licensure.
Prior to taking the bail bondsman
				  licensing examination, the applicant shall successfully complete the hours of
				  prelicensing education required by 59 O.S. §
										1308.1(A)
				  in subjects pertinent to the duties and responsibilities of a bail bondsman.
				  The prelicensing education shall be valid for one (1) year from the date
				  obtained by the applicant. The applicant must pass the examination and apply
				  within one (1) year from the date of the prelicensing education.
(b)
Continuing education.
All
				  bail bondsmen shall complete eight (8) credit hours of continuing education
				  required by 59 O.S. §
										1308.1(A)
				  annually to meet the biennial requirement.
(c)
CE credit for instructor.
An
				  instructor who is a licensed bail bondsman shall receive the same continuing
				  education credit for presenting approved course materials as a licensee who
				  attends an approved classroom instructional session.
Amended at 10 Ok Reg 1483, eff 5-1-93 ; Amended at 11 Ok
						Reg 3317, eff 7-1-94 ; Amended at 28 Ok Reg 1964, eff 7-14-11 ; Amended at 29
						Ok Reg 1294, eff 7-14-12 ; Amended at 30 Ok Reg 1798, eff
						7-14-13
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 1 - CONTINUING EDUCATION FOR BAIL BONDSMEN › Section 365:25-5-4 - Application for course approval

Current through Vol. 41, No. 20,
				  July 1, 2024
(a)
Oklahoma Bondsman Association courses.
The Oklahoma Bondsman
				  Association shall apply for course approval from the Commissioner. The
				  Association shall submit a fee to the Insurance Commissioner as set forth in 59
				  O.S. §
										1308.1.
(b)
Information regarding OBA
				  courses.
The Oklahoma Bondsman Association shall submit the following
				  information concerning educational courses:
(1) Name, address and qualifications of the
				  instructor;
(2) Contact person, his
				  or her address and telephone number;
(3) The location of the courses or programs,
				  unless it is an individual study or correspondence course;
(4) The number of hours requested for each
				  course;
(5) Topic outlines which
				  list the summarized topics covered in each course and upon request, a copy of
				  any course materials. If a prior approved course has substantially changed, a
				  summarization of those changes.
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 1 - CONTINUING EDUCATION FOR BAIL BONDSMEN › Section 365:25-5-5 - Approval or denial of course; certificate of completion

Current
				  through Vol. 41, No. 20, July 1, 2024
(a)
Approval required 30 days in
				  advance.
At least thirty (30) days in advance of the presentation of any
				  course, the Association shall apply to the Commissioner for course approval.
				  The Commissioner shall grant or deny approval based upon information submitted
				  in
				  365:25-5-4
				  regarding each course or additional information regarding the course, if
				  necessary. The Commissioner will assign the number of hours awarded for an
				  approved course.
(b)
Written
				  approval required.
All courses shall require written approval.
(c)
Approval withheld or
				  withdrawn.
The Commissioner may withhold or withdraw approval for any
				  course approval. This withdrawal will not affect any hours attained under the
				  course.
(d)
Minimum one
				  credit hour per course.
Courses submitted for approval must consist of a
				  minimum of one credit hour of course instruction.
(e)
CEC separate component of
				  meetings.
Courses conducted in conjunction with other meetings must have
				  a separate continuing education course component.
(f)
Certificate of Course
				  Completion.
At the completion of each course, whether continuing
				  education or prelicensing, the Association shall provide the bondsman with a
				  "Certificate of Course Completion" form, which shall contain the verification
				  of the Association that the bondsman completed the course so
				  certified.
(g)
OBA supplies
				  Commissioner with list of bondsmen completing course.
At the completion
				  of each course, the Association shall provide to the Commissioner a list of all
				  bondsmen who completed the course.
(h)
OBA records maintained 4
				  years.
The Association shall maintain course records for at least four
				  (4) years.
Amended at 10 Ok Reg 1483, eff 5-1-93 ; Amended at 11 Ok
						Reg 3317, eff 7-1-94 ; Amended at 30 Ok Reg 1799, eff
						7-14-13
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 1 - CONTINUING EDUCATION FOR BAIL BONDSMEN › Section 365:25-5-6 - Proof of completion; video courses

Current through Vol. 41, No.
				  20, July 1, 2024
(a)
Correspondence courses.
A bail bondsman who satisfactorily
				  completes an approved course by correspondence and provides proof of
				  satisfactory completion, as specified by the Commissioner, will receive credit
				  for the number of hours assigned by the Commissioner for completion of the
				  course.
(b)
Video
				  courses.
In order for a bail bondsman to receive credit for viewing an
				  approved course presented by electronic recording, the bondsman must view the
				  electronic recording under the supervision of an approved instructor, or under
				  the supervision of an individual approved by the Oklahoma Bondsman Association,
				  and swear by affidavit he has viewed the electronic recording in its entirety.
				  The affidavit must be submitted to the Association.
Amended at 19 Ok Reg 1325, eff 7-14-02 ; Amended at 30
						Ok Reg 1799, eff 7-14-13
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 1 - CONTINUING EDUCATION FOR BAIL BONDSMEN › Section 365:25-5-7 - Repeating courses

Current through Vol. 41, No. 20, July 1,
				  2024
A bondsman may repeat a course within the one year period
					 if the maximum credits designated for the course were not attained in the first
					 attempt. By repeating the course, the bondsman may not during the annual period
					 earn more than the maximum credits designated for the course. A bondsman may
					 repeat a course after one year has elapsed and receive the maximum credits
					 designated for the course.
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 1 - CONTINUING EDUCATION FOR BAIL BONDSMEN › Section 365:25-5-8 - Extensions of time

Current through Vol. 41, No. 20, July 1,
				  2024
For good cause shown, the Commissioner may grant an
					 extension of time during which the requirements imposed by 59 O.S. Section
					 1308
					 and
					 1308.1
					 may be completed. The extension shall not exceed twelve (12) months. The
					 extension will not alter the requirements or due date of the succeeding
					 twenty-four (24) month period. "Good cause" includes disability, natural
					 disaster, or other extenuating circumstances. Each request for extension of
					 time shall be in writing from the licensee and shall include details and any
					 documentation to support the request. Each request must be received by the
					 Commissioner no less than thirty (30) days before the expiration of the
					 license.
Amended at 15 Ok Reg 1401, eff 7-1-98 ; Amended at 30 Ok
						Reg 1799, eff 7-14-13
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 1 - CONTINUING EDUCATION FOR BAIL BONDSMEN › Section 365:25-5-9 - Severability provision

Current through Vol. 41, No. 20, July 1,
				  2024
If any provision of this Part, or application of such
					 provision to any person or circumstances, shall be held invalid, the remainder
					 of the Part, and the application of such provision to person or circumstances
					 other than those as to which it is held invalid, shall not be affected
					 thereby.
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 3 - PERTAINING TO RELINQUISHMENT OF LIABILITIES PRIOR TO CONTRACTING AS AN AGENT OR SUBAGENT FOR ANOTHER INSURER TO PROFESSIONAL BONDSMAN [Revoked] › Section 365:25-5-20 - Purpose [REVOKED]

Current through Vol. 41, No. 20, July 1,
				  2024
Revoked at 10 Ok Reg
					 1483, eff 5-1-93
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 3 - PERTAINING TO RELINQUISHMENT OF LIABILITIES PRIOR TO CONTRACTING AS AN AGENT OR SUBAGENT FOR ANOTHER INSURER TO PROFESSIONAL BONDSMAN [Revoked] › Section 365:25-5-21 - Requirements for contracting as an agent for another insurer or bondsman [REVOKED]

Current through Vol. 41, No. 20, July 1,
				  2024
Revoked at 10 Ok Reg
					 1483, eff 5-1-93
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 5 - GENERAL PROVISIONS PERTAINING TO BAIL BONDSMEN › Section 365:25-5-30 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this Part, shall
					 have the following meaning, unless the context clearly indicates
					 otherwise:
"High school diploma or equivalent"
The
					 equivalent of a high school diploma, as described by 59 O.S. §
										1305(A)(8),
					 shall be the successful completion of all parts of the General Educational
					 Development program or completion of a similar program authorized and approved
					 by the Oklahoma State Department of Education. An applicant shall provide
					 documentation that the Oklahoma State Department of Education considers the
					 applicant's educational qualifications to be the equivalent of a high school
					 diploma if necessary.
"Limited surety agent"
means any individual
					 who is duly licensed by the Commissioner and is appointed by an insurer by
					 power of attorney to execute or countersign bail bonds in connection with
					 judicial proceedings and receives or is promised money or other things of
					 value.
"Premium"
means a sum of money charged by the
					 bail bondsman for services rendered on behalf of the principal. Nothing in this
					 section shall be construed to include collateral security received by the bail
					 bondsman in the definition of premium.
Added at 10 Ok Reg
					 1483, eff 5-1-93; Amended at 25 Ok Reg 1660, eff
					 7-14-08
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 5 - GENERAL PROVISIONS PERTAINING TO BAIL BONDSMEN › Section 365:25-5-31 - Information to be included on applications

Current through Vol.
				  41, No. 20, July 1, 2024
(a) Original and renewal applications shall
				  include the applicant's:
(1) residence
				  address,
(2) business
				  address,
(3) mailing address,
(4) e-mail address ,
(5) telephone number, and
(6) legal name.
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 5 - GENERAL PROVISIONS PERTAINING TO BAIL BONDSMEN › Section 365:25-5-32 - Examination fees

Current through Vol. 41, No. 20, July 1,
				  2024
A fee of One Hundred Dollars ($100.00) is required before
					 an applicant may take the bail bondsman examination. An additional One Hundred
					 Dollar ($100.00) examination fee is required for each subsequent examination as
					 described in 59 O.S. §
										1308.
Added at 10 Ok Reg
					 1483, eff 5-1-93
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 5 - GENERAL PROVISIONS PERTAINING TO BAIL BONDSMEN › Section 365:25-5-33 - Change of mailing address, legal name, e-mail address, or telephone requirements

Current through Vol. 41, No. 20, July 1,
				  2024
(a) 59 O.S. §
										1310
				  requires bail bondsmen to notify the Insurance Commissioner within five (5)
				  days after a change of mailing address , legal name, e-mail address, or
				  telephone number. This notification must include:
(1) name and license number of the
				  bondsman,
(2) date of the
				  notification,
(3) the bondsman's
				  current telephone number , and
(4)
				  the bondsman's current e-mail address.
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 5 - GENERAL PROVISIONS PERTAINING TO BAIL BONDSMEN › Section 365:25-5-34 - Professional and multicounty agent bondsman deposits

Current
				  through Vol. 41, No. 20, July 1, 2024
(a) A bondsman making an initial deposit
				  required by 59 O.S. §§
										1306
				  or
				  1306.1
				  shall deliver the deposit to the office of the Insurance Commissioner in
				  Oklahoma City, Oklahoma. The bondsman shall appear in person at the office of
				  the Insurance Commissioner to execute an assignment or pledge of the deposit as
				  instructed by 59 O.S. §
										1306.
(b) A bondsman making an additional deposit
				  required by 59 O.S. §§
										1306
				  or
				  1306.1
				  or replacing any portion of a deposit, may mail an executed assignment or
				  pledge of the deposit to the Insurance Commissioner via certified mail. The
				  additional or replaced deposit amount will not be added or included in the
				  professional or multicounty agent bail bondsman's deposit total until the
				  additional or replaced deposit amount is received, processed, and accepted by
				  the Oklahoma Insurance Department staff.
(c) The phrase "required level," as described
				  by 59 O.S. §
										1332(D)(4)(b),
				  shall be the bondsman's amount on deposit prior to a forfeiture payment. A
				  bondsman shall make a deposit equal to the amount withdrawn by the Commissioner
				  following the Commissioner's withdrawal of professional or multicounty agent
				  securities to pay a bond forfeiture. The deposit shall be made within ten (10)
				  days from receipt of the withdrawal notice or mailing of the notice if no
				  receipt is made. The bondsman shall follow the provisions of paragraph (a) of
				  this section for the deposit.
Added at 10 Ok Reg
					 1483, eff 5-1-93; Amended at 14 Ok Reg 2307, eff 7-1-97; Amended at 19 Ok Reg
					 1325, eff 7-14-02; Amended at 25 Ok Reg 1660, eff 7-14-08; Amended at 29 Ok Reg
					 1294, eff 7-14-12
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 5 - GENERAL PROVISIONS PERTAINING TO BAIL BONDSMEN › Section 365:25-5-35 - Bondsman license renewal

Current through Vol. 41, No. 20, July
				  1, 2024
(a) Pursuant to
				  59 O.S. §
										1309,
				  bondsmen are required to renew their licenses biennially. Requirements for a
				  complete renewal filing for a bondsman shall be submitted by the last day of
				  the bondsman's birth month and must includea Two Hundred Dollar ($200.00)
				  renewal fee.
(b) Failure to
				  complete the renewal process by the last day of the bondsman's birth month will
				  result in an automatic expiration of the license. After the expiration, the
				  license may be reinstated for up to one (1) year following the expiration date.
				  If after the one (1) year date, the license has not been renewed, then the
				  licensee shall be required to apply for a license as a new applicant.
(c) All licenses of bail bondsmen shall
				  expire on the last day of the bondsman's birth month unless the Commissioner
				  receives a complete renewal filing. A complete renewal filing consists of all
				  necessary items required by paragraph (a) of this section as well as any other
				  items required by the Commissioner.
(d) If the license has not been renewed by
				  the expiration date, a bail bondsman shall not be authorized to continue acting
				  as a bail bondsman.
Added at 10 Ok Reg 1483, eff 5-1-93 ; Amended at 15 Ok
						Reg 265, eff 10-17-97 (emergency) ; Amended at 15 Ok Reg 1401, eff 7-1-98 ;
						Amended at 25 Ok Reg 1660, eff 7-14-08 ; Amended at 28 Ok Reg 1964, eff 7-14-11
						; Amended at 29 Ok Reg 1294, eff 7-14-12 ; Amended at 30 Ok Reg 1800, eff
						7-14-13
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 5 - GENERAL PROVISIONS PERTAINING TO BAIL BONDSMEN › Section 365:25-5-36 - Monthly reports

Current through Vol. 41, No. 20, July 1,
				  2024
(a) Bail bondsmen
				  are required to submit monthly reports to the Insurance Commissioner within
				  fifteen (15) days after the end of each preceding month pursuant to 59 O.S.
				  §
										1314.
				  All bondsmen must submit a report for each component of the license held, even
				  if no bonds were written under any particular component during that month. The
				  types of licenses include:
(1)
				  cash,
(2) surety,
(3) property,
(4) professional, and
(5) multicounty agent.
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 5 - GENERAL PROVISIONS PERTAINING TO BAIL BONDSMEN › Section 365:25-5-37 - Usual and customary records

Current through Vol. 41, No. 20,
				  July 1, 2024
(a) Every
				  bail bondsman shall maintain records at his/her place of business for a period
				  of three (3) years immediately following the date the bondsman's liability on
				  the bond is discharged by the court or the date collateral is returned to its
				  lawful owner, whichever is later.
(b) If an appearance bond is never executed
				  and filed with the court, then all records shall be maintained for three (3)
				  years immediately following the date the document is prepared.
(c) Records shall be readily available for
				  inspection to the Commissioner at any time during business hours and shall
				  include, but not be limited to:
(1) bail bond
				  application,
(2) indemnity
				  agreement,
(3) promissory note,
(4) credit agreement,
(5) copies of deeds or mortgages received or
				  released,
(6) description of
				  personal properties received or released,
(7) accounting of monies received and
				  receipted,
(8) copy of appearance
				  bond,
(9) copy of individually
				  numbered power of attorney,
(10)
				  picture of defendant, and
(11) bank
				  records on escrow accounts.
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 5 - GENERAL PROVISIONS PERTAINING TO BAIL BONDSMEN › Section 365:25-5-38 - Ten defendant limit

Current through Vol. 41, No. 20, July
				  1, 2024
Pursuant to 59 O.S. §
										1320,
					 a bondsman is authorized to write bonds on up to ten defendants per year,
					 January 1 through December 31, in each county outside his resident county. For
					 purposes of determining the ten defendants, the bondsman shall consider each
					 date a bond or bonds are written on a defendant as being one of the ten
					 defendants, not withstanding any previous bonds which have been written on that
					 same individual. The ten defendant limit does not apply in counties without a
					 registered bondsman in said county.
Added at 10 Ok Reg 1483, eff 5-1-93 ; Amended at 30 Ok
						Reg 1800, eff 7-14-13
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 5 - GENERAL PROVISIONS PERTAINING TO BAIL BONDSMEN › Section 365:25-5-39 - Affidavit as to undertaking

Current through Vol. 41, No. 20,
				  July 1, 2024
An Affidavit as to Undertaking shall be included on every
					 appearance bond and shall declare the amount of premium (consideration) and
					 security (collateral) received or promised. It shall further include the nature
					 and description of, and the name of the person from whom it was received or
					 promised. Information provided on the Affidavit as to Undertaking shall
					 correspond with the information contained in the following:
(1) appearance bond,
(2) bondsman's office records, and
(3) monthly report.
Added at 10 Ok Reg
					 1483, eff 5-1-93; Amended at 27 Ok Reg 1551, eff
					 7-14-10
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 5 - GENERAL PROVISIONS PERTAINING TO BAIL BONDSMEN › Section 365:25-5-40 - Computation of time in 59 O.S. Section 1332

Current through Vol.
				  41, No. 20, July 1, 2024
(a) In computing any period of time in 59
				  O.S. §
										1332,
				  12 O.S.
				  §
										2006(A)
				  will be followed. 12 O.S. §2006(A) states, in pertinent part, as follows:
The day of the act, event, or default from which the designated period
				  of time begins to run shall not be included. The last day of the period so
				  computed shall be included, unless it is a legal holiday as defined by Section
				  82.1 of Title
				  25 of the Oklahoma Statutes or any other day when the office of the court clerk
				  does not remain open for public business until the regularly scheduled closing
				  time, in which event the period runs until the end of the next day which is not
				  a legal holiday or a day when the office of the court clerk does not remain
				  open for public business until the regularly scheduled closing time. Unless
				  otherwise provided by law, when the period of time prescribed or allowed is
				  less than eleven (11) days, intermediate legal holidays and any other day when
				  the office of the court clerk does not remain open for public business until
				  the regularly scheduled closing time shall be excluded from the
				  computation.
(b) The
				  defendant shall be returned to custody within ninety days or the forfeiture
				  shall be paid on the ninety-first day, and the time begins to run as follows:
(1) If the bondsman dates the return receipt,
				  or the date of receipt of the order and judgment of forfeiture is evidenced
				  electronically, then the days start running the next day.
(2) If the bondsman does not date the return
				  receipt or the date of receipt of the order and judgment of forfeiture is not
				  evidenced electronically, but the insurer or professional bondsman or
				  multicounty agent bondsman does, or the date of receipt is evidenced
				  electronically, then the days start running the next day.
(3) If neither the bondsman nor the insurer
				  or professional bondsman or multicounty agent bondsman dates the return
				  receipt, nor is the date of receipt of the order of judgment of forfeiture
				  evidenced electronically, then the days start running the day after the order
				  and judgment of forfeiture was mailed.
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 5 - GENERAL PROVISIONS PERTAINING TO BAIL BONDSMEN › Section 365:25-5-41 - Special deposit

Current through Vol. 41, No. 20, July 1,
				  2024
(a) In addition to
				  the cash or securities deposited in trust with the Insurance Commissioner's
				  office pursuant to 36 O.S. §
										613,
				  insurers writing bail bonds in this state shall deposit in trust additional
				  cash or securities equaling at least Three Hundred Thousand Dollars
				  ($300,000.00), and insurers writing bail bonds in this state shall not exceed a
				  twenty-to-one (20:1) ratio of outstanding liability-to-special
				  deposit.
(b) An insurer shall
				  comply with the following requirements to maintain the special deposit
				  described in Subsection (a):
(1) The insurer's
				  monthly report of outstanding liability shall be within ten percent (10%) of
				  the outstanding liability reported by all the insurer's appointed surety
				  bondsmen for that month.
(2) All
				  bail bond forfeitures shall either be paid within 91 days after receipt of the
				  Order and Judgment of Forfeiture or vacated by the court within 91 days from
				  the date of receipt of the Order and Judgment of Forfeiture pursuant to Section
				  365:25-5-40.
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 5 - GENERAL PROVISIONS PERTAINING TO BAIL BONDSMEN › Section 365:25-5-42 - Professional/multicounty agent bondsman net worth

Current through Vol. 41, No.
				  20, July 1, 2024
For purposes of 59 O.S. §§
										1306(A)(2)
					 or
					 1306.1(A)(2),
					 to tal assets of the bondsman shall include only those assets owned by the
					 applicant for licensure as a bondsman. Any asset or liability owned jointly
					 with another, including a spouse, shall be shown on financial reports as
					 required pursuant to 59 O.S. §
										1309(B)
					 and Section
					 365:25-5-35
					 by percentage of ownership of the bondsman individually.
Added at 19 Ok Reg
					 1325, eff 07-14-02
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 5 - GENERAL PROVISIONS PERTAINING TO BAIL BONDSMEN › Section 365:25-5-43 - Appointments

Current through Vol. 41, No. 20, July 1, 2024
The effective date of the bondsman appointment described in
					 59 O.S. §
										1317
					 shall be the date the Commissioner approves the completed appointment and
					 notifies the bail bondsman's resident county court clerk.
Added at 25 Ok Reg
					 1660, eff 7-14-08; Amended at 29 Ok Reg 1294, eff
					 7-14-12
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 5 - GENERAL PROVISIONS PERTAINING TO BAIL BONDSMEN › Section 365:25-5-44 - Notice of return to custody

Current through Vol. 41, No. 20,
				  July 1, 2024
Following a forfeiture, if the defendant has been returned
					 to custody as defined in 59 O.S. §
										1332(C)
					 ( 4), the bondsman shall file notice with the court clerk of the county where
					 the forfeiture occurred by the ninety-first day after receipt of the order and
					 judgment of forfeiture, certifying the defendant was returned to custody by the
					 ninetieth day after receipt of the order and judgment of forfeiture. Failure to
					 provide notice prior to the ninety-first day shall be a violation of 59 O.S.
					 §
										1310(A)(2).
Added at 27 Ok Reg
					 1551, eff 7-14-10
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 5 - GENERAL PROVISIONS PERTAINING TO BAIL BONDSMEN › Section 365:25-5-45 - Fines and costs due to Commissioner

Current through Vol. 41, No.
				  20, July 1, 2024
All fines and costs assessed by order of the Commissioner
					 shall be due and payable to the Oklahoma Insurance Department within thirty
					 (30) days of the date of the order unless otherwise ordered.
Added at 28 Ok Reg
					 1964, eff 7-14-11
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 5 - GENERAL PROVISIONS PERTAINING TO BAIL BONDSMEN › Section 365:25-5-46 - Notification of use of business name

Current through Vol. 41, No.
				  20, July 1, 2024
Any bondsman or surety doing business under any name or
					 names other than the legal name of the bondsman or surety shall notify the
					 Oklahoma Insurance Department prior to using the name or
					 names.
Added at 28 Ok Reg
					 1964, eff 7-14-11
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 5 - GENERAL PROVISIONS PERTAINING TO BAIL BONDSMEN › Section 365:25-5-47 - Financial statement required

Current through Vol. 41, No. 20,
				  July 1, 2024
If the license of a professional bondsman is transferred
					 pursuant to 59 O.S. §
										1306(D),
					 or the license of a multicounty agent bondsman is transferred pursuant to 59
					 O.S. §
										1306.1(C),
					 the transferee shall submit a financial statement to the Department within 180
					 days after the date of the transfer.
Amended at 30 Ok Reg 1800, eff
						7-14-13
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 5 - GENERAL PROVISIONS PERTAINING TO BAIL BONDSMEN › Section 365:25-5-48 - Acts of a bail bondsman

Current through Vol. 41, No. 20, July 1,
				  2024
Pursuant to 59 O.S. §
										1311.3(A),
					 it is unlawful for any individual 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. Likewise, pursuant to 59 O.S. §
										1311.3(B),
					 it is 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. For the purposes of 59 O.S.
					 §
										1311.3,
					 the "acts of a bail bondsman" include, but are not limited to:
(1) Soliciting for a bond as defined in 59
				  O.S. §
										1301(B)(11);
(2) Accepting collateral and providing a
				  written receipt for collateral pursuant to 59 O.S. §
										1314(A);
(3) Collecting premiums in person at a
				  location other than the bondsman's recorded place of business pursuant to 59
				  O.S. §
										1316(C);
(4) Providing a written receipt for premium
				  pursuant to 59 O.S. §
										1316(C);
(5) Negotiating or posting bonds pursuant to
				  59 O.S. §
										1317(D);
(6) Surrendering a defendant into custody
				  pursuant to 59 O.S. §
										1327(A);
(7) Returning a defendant to
				  custody prior to forfeiture pursuant to 59 O.S. §§
										1327
				  & 1328;
(8) Filing or signing
				  with the court clerk a notice of return to custody;
(9) Signing or filing with the court clerk a
				  guarantee to pay travel expenses;
(10) Signing and presenting a request that a
				  defendant be entered into the records of the National Crime Information Center
				  (NCIC);
(11) Submitting monthly
				  reports to the Insurance Department pursuant to 59 O.S. §
										1314(B);
(12) Providing to the Oklahoma
				  Insurance Department required documentation regarding Notice of Appointment,
				  Filing Fee, and Notice of Termination pursuant to 59 O.S. §
										1317;
				  and
(13) Any other act that
				  imposes any duty or obligation upon a licensed bail bondsman or
				  surety.
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 5 - GENERAL PROVISIONS PERTAINING TO BAIL BONDSMEN › Section 365:25-5-49 - Property bondsman requirements

Current through Vol. 41, No. 20,
				  July 1, 2024
(a)
				  Pursuant to 59 O.S. §
										1301(B)(8),
				  a property bondsman means any person who has been approved by the Insurance
				  Commissioner and who pledges real property as a security for a bail bond in a
				  judicial proceeding and charges and receives money for his or her
				  services.
(b) In order to calculate
				  the market value of property pursuant to 59 O.S. §
										1324, an
				  applicant that applies for the property line of authority shall submit to the
				  Insurance Commissioner for approval the following documents for each property
				  used to post bonds:
(1) A certified copy of
				  the Warranty Deed;
(2) An
				  attorney's Title Opinion, which shall been prepared within the previous sixty
				  (60) days prior to application;
(3)
				  A written statement from the county assessor stating the property's assessed
				  value and showing the legal description of said property; and
(4) A written statement from any lien holder
				  stating the current payoff amount on each lien. If there are no liens on the
				  property, an applicant shall submit an Affidavit stating there are no
				  liens.
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 7 - SPECIFIC FINANCIAL CIRCUMSTANCES WARRANTING RELEASE OF PROFESSIONAL DEPOSIT › Section 365:25-5-50 - Authority and scope

Current through Vol. 41, No. 20, July 1,
				  2024
This regulation is promulgated by the Insurance
					 Commissioner pursuant to Section
					 1306(A)(5)
					 of Title 59 of the laws of this state to describe the nature and scope of the
					 specific financial circumstances warranting a release of a bail bondsman's
					 professional deposit.
Added at 27 Ok Reg
					 165, eff 11-1-09 (emergency); Added at 27 Ok Reg 1551, eff
					 7-14-10
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 7 - SPECIFIC FINANCIAL CIRCUMSTANCES WARRANTING RELEASE OF PROFESSIONAL DEPOSIT › Section 365:25-5-51 - Specific financial circumstances enumerated

Current through
				  Vol. 41, No. 20, July 1, 2024
(a) For purposes of Section
				  1306(A)(5)
				  of Title 59 of the laws of this state, the specific financial circumstances
				  warranting release of a professional deposit are:
(1) Fire that damages or destroys either the
				  office or residence of the bondsman;
(2) Flood that damages or destroys either the
				  office or residence of the bondsman;
(3) Other natural disaster that damages or
				  destroys either office or residence of the bondsman;
(4) Medical problem or illness sustained by
				  either the bondsman or a member of the immediate family of the
				  bondsman.
(5) The bondsman has
				  unused bail writing capacity of at least forty percent (40%) of their liability
				  limit, and has at least twelve (12) consecutive months of being at sixty
				  percent (60%) or below this writing limit.
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 7 - SPECIFIC FINANCIAL CIRCUMSTANCES WARRANTING RELEASE OF PROFESSIONAL DEPOSIT › Section 365:25-5-52 - Time governing release of professional deposit

Current
				  through Vol. 41, No. 20, July 1, 2024
The Commissioner shall release the professional deposit as
					 soon as practicable when there are no outstanding liabilities following the
					 receipt of the request for release.
Added at 27 Ok Reg
					 165, eff 11-1-09 (emergency); Added at 27 Ok Reg 1551, eff
					 7-14-10
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 7 - SPECIFIC FINANCIAL CIRCUMSTANCES WARRANTING RELEASE OF PROFESSIONAL DEPOSIT › Section 365:25-5-53 - Limitations upon release of professional deposit below applicable limits

Current through Vol. 41, No. 20, July 1, 2024
The Commissioner shall not release any portion of the
					 professional bondsman deposit that results in the deposit dropping below the
					 applicable limit set by Section
					 1306(A)(2)
					 of Title 59 of the laws of this state.
Added at 27 Ok Reg
					 165, eff 11-1-09 (emergency); Added at 27 Ok Reg 1551, eff
					 7-14-10
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 7 - SPECIFIC FINANCIAL CIRCUMSTANCES WARRANTING RELEASE OF PROFESSIONAL DEPOSIT › Section 365:25-5-54 - Review of bail bondsmen's administrative history before release of professional deposit

Current through Vol. 41, No. 20, July 1,
				  2024
The Commissioner shall review the bondsman's administrative
					 history to determine if the bondsman owes any outstanding fines to the
					 Commissioner or has any pending or concluded disciplinary action for unpaid
					 bail bond forfeitures. The Commissioner shall not release the deposit if
					 outstanding fines are owed or if forfeitures were unpaid in the time allowed by
					 Section
					 1332
					 of Title 59 of the laws of this state. The Commissioner also shall not release
					 the deposit if there are more than three (3) final Insurance Department
					 administrative actions in the twelve (12) months preceding the release
					 request.
Added at 27 Ok Reg
					 165, eff 11-1-09 (emergency); Added at 27 Ok Reg 1551, eff
					 7-14-10
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 7 - SPECIFIC FINANCIAL CIRCUMSTANCES WARRANTING RELEASE OF PROFESSIONAL DEPOSIT › Section 365:25-5-55 - Denial of request if bail bondsman has prior forfeitures

Current
				  through Vol. 41, No. 20, July 1, 2024
The Commissioner shall refuse the bondsman's deposit
					 release request if the Commissioner was ever ordered by a Hearing Examiner to
					 pay any forfeiture from the bondsman's professional deposit.
Added at 27 Ok Reg
					 165, eff 11-1-09 (emergency); Added at 27 Ok Reg 1551, eff
					 7-14-10
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 7 - SPECIFIC FINANCIAL CIRCUMSTANCES WARRANTING RELEASE OF PROFESSIONAL DEPOSIT › Section 365:25-5-56 - Limits on outstanding liabilities

Current through Vol. 41, No.
				  20, July 1, 2024
The outstanding liabilities of the bondsman cannot exceed
					 sixty percent (60%) of the professional deposit writing limit for at least one
					 year prior to making application for partial release of
					 deposit.
Added at 27 Ok Reg
					 165, eff 11-1-09 (emergency); Added at 27 Ok Reg 1551, eff
					 7-14-10
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 7 - SPECIFIC FINANCIAL CIRCUMSTANCES WARRANTING RELEASE OF PROFESSIONAL DEPOSIT › Section 365:25-5-57 - Commissioner discretion to release amount less than requested

Current through Vol. 41, No. 20, July 1, 2024
The Commissioner shall have the authority to release an
					 amount less than requested by the professional bondsman, if the bondsman's
					 requested amount will cause the remaining deposit to be insufficient to cover
					 additional bail liabilities incurred by the bondsman.
Added at 27 Ok Reg
					 165, eff 11-1-09 (emergency); Added at 27 Ok Reg 1551, eff
					 7-14-10
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 5 - Bail Bonds men › Part 7 - SPECIFIC FINANCIAL CIRCUMSTANCES WARRANTING RELEASE OF PROFESSIONAL DEPOSIT › Section 365:25-5-58 - Approval of final order by Commissioner

Current through Vol.
				  41, No. 20, July 1, 2024
The final deposit release order shall be approved by the
					 Commissioner or the Commissioner's designee, pursuant to Section
					 1306(A)
					 (6) of Title 59 of the laws of this
					 state.
Added at 27 Ok Reg
					 165, eff 11-1-09 (emergency); Added at 27 Ok Reg 1551, eff
					 7-14-10
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 7 - Companies › Part 1 - AFFILIATE TRANSACTIONS [Revoked] › Section 365:25-7-1 - Purpose [REVOKED]

Current through Vol. 41, No. 20, July 1,
				  2024
Revoked at 9 Ok Reg
					 3885, eff 8-24-92 (emergency); Revoked at 10 Ok Reg 1487, eff
					 5-1-93
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 7 - Companies › Part 1 - AFFILIATE TRANSACTIONS [Revoked] › Section 365:25-7-2 - Form D [REVOKED]

Current through Vol. 41, No. 20, July 1,
				  2024
Revoked at 9 Ok Reg
					 3885, eff 8-24-92 (emergency); Revoked at 10 Ok Reg 1487, eff
					 5-1-93
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 7 - Companies › Part 3 - REDOMESTICATION › Section 365:25-7-10 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Part is to set forth the information
					 which must be submitted to the Insurance Commissioner by a company organized
					 under the laws of another state which desires to become a domestic
					 company.
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 7 - Companies › Part 3 - REDOMESTICATION › Section 365:25-7-11 - Application to become domestic insurer, form

Current through Vol.
				  41, No. 20, July 1, 2024
An insurer organized under the laws of another state and
					 admitted to do business in this state for the purpose of transacting insurance
					 may make application to the Insurance Commissioner to become a domestic
					 insurer. Such application, which shall be entitled
"Form" R
shall
					 be filed in triplicate, and shall contain information as set out in the items
					 listed below:
(1)
Identity and
				  background of the applicant.
(A) State
				  the name and address of the applicant seeking to redomesticate.
(B) State the nature of applicant's business
				  operations for the past five years or for such lesser period as such applicant
				  and any predecessors thereof shall have been in existence.
(C) Furnish a chart or listing clearly
				  presenting the identities of the interrelationships among the applicant and all
				  affiliates of the applicant. No affiliate need be identified if its total
				  assets are equal to less than 1/2 of 1% of the total assets of the ultimate
				  controlling person affiliated with the applicant. Also indicate in such chart
				  or listing the following information:
(i) The
				  percentage of ownership of each such person which is owned or controlled by the
				  applicant or by any other such person.
(ii) If control of any person is maintained
				  other than by the ownership or control of voting securities, indicate the basis
				  of such control.
(iii) As to each
				  person specified in such chart or listing, indicate the type of organization
				  (e.g. corporation, trust, partnership);
(I)
				  Describe the business it transacts; and
(II) List the state or other jurisdiction of
				  domicile.
(iv) If court
				  proceedings looking toward a reorganization or liquidation are pending with
				  respect to any such person, indicate which person, and set forth the title of
				  the court, nature of proceedings and the date when commenced.
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 7 - Companies › Part 5 - OKLAHOMA INSURANCE HOLDING COMPANY SYSTEM REGULATORY ACT › Section 365:25-7-20 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Part is to set forth rules and
					 procedural requirements which the Commissioner deems necessary to carry out the
					 provisions of the Oklahoma Insurance Holding Company System Regulatory Act, 36
					 O.S. §
										1631, et seq. ("The Act"). The
					 information called for by this Part is hereby declared to be necessary and
					 appropriate in the public interest and for the protection of policyholders and
					 shareholders in this state.
Amended at 11 Ok Reg
					 1861, eff 5-15-94; Amended at 19 Ok Reg 1310, eff
					 7-14-02
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 7 - Companies › Part 5 - OKLAHOMA INSURANCE HOLDING COMPANY SYSTEM REGULATORY ACT › Section 365:25-7-21 - Severability provision

Current through Vol. 41, No. 20, July 1,
				  2024
If any provision of this Part, or the application thereof
					 to any person or circumstances, is held invalid, such invalidity shall not
					 affect other provisions or applications of this Part which can be given effect
					 without the invalid provision or application, and to that end the provisions of
					 this Part are severable.
Amended at 11 Ok Reg
					 1861, eff 5-15-94
Oklahoma Administrative Code › Title 365 - Insurance Department › Chapter 25 - Other Licensees › Subchapter 7 - Companies › Part 5 - OKLAHOMA INSURANCE HOLDING COMPANY SYSTEM REGULATORY ACT › Section 365:25-7-22 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
Unless the context otherwise requires, terms found in this
					 section and in Section 1631 of the Act are used as defined in the said Section
					 1631. Other nomenclature or terminology is according to the Insurance Code, or
					 industry usage if not defined by the Code. In addition, the following words or
					 terms, when used in this part, shall have the following meaning, unless the
					 context clearly indicates otherwise:
"Act"
means the Insurance Holding Company
					 System Regulatory Act, 36 O.S. §
										1631, et seq.
"Executive officer"
means chief executive
					 officer, chief operating officer, chief financial officer, treasurer,
					 secretary, controller, and any other individual performing functions
					 corresponding to those performed by the foregoing officers under whatever
					 title.
"Foreign insurer"
means an alien insurer
					 except where clearly noted otherwise.
"Ultimate controlling person"
means that
					 person which is not controlled by any other person.
Amended at 9 Ok Reg
					 3885, eff 8-24-92 (emergency); Amended at 10 Ok Reg 1487, eff 5-1-93; Amended
					 at 19 Ok Reg 1310, eff 7-14-02