West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-103 - Bail Bondsmen in Criminal Cases › Section 114-103-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Agent,"
				"clerk" or "representative" of a bail bondsman means a person employed by a
				licensed bail bondsman for the purpose of assisting the bondsman in presenting
				a defendant in court or, if a power of attorney has been duly executed, issuing
				bonds on behalf of the bondsman. An agent, clerk or representative of a bail
				bondsman who is engaged in the bonding business must be licensed by the
				Commissioner as provided by this rule.
2.2. "Bond" means an appearance bond for a
				specified monetary amount which is executed by the defendant and a licensed
				bondsman pursuant to the provisions of this rule and which is issued to a court
				as security for the subsequent court appearance of the defendant upon release
				from custody pending the appearance.
2.3. "Bonding business" means the business of
				becoming surety for compensation upon bonds in criminal cases in the State of
				West Virginia.
2.4. "Bondsman" or
				"bail bondsman" means any person who is engaged in bonding business and is
				approved and licensed under the provisions of this rule as a professional
				bondsman, as defined by subsection 2.9 of this rule, or surety bondsman, as
				defined by subsection 2.11 of this rule.
2.5. "Cash" means a personal or business
				check, a money order, or cashier's check.
2.6. "Commissioner" means the Insurance
				Commissioner of West Virginia.
2.7.
				"Insurer" means any domestic, foreign or alien insurance company, including a
				surety company, which has been qualified generally to transact surety business
				in the State of West Virginia.
2.8.
				"Person" means an individual.
2.9.
				"Professional bondsman" means any person who has been approved and licensed by
				the Commissioner, and who pledges cash, an irrevocable letter of credit, a bond
				issued by an insurance company licensed and in good standing in this State, or
				real estate with the Commissioner as security for bail bonds written in
				connection with a judicial proceeding, and charges, receives or is promised
				money or other things of value in exchange for his or her services.
2.10. "Securities" or "approved securities"
				means cash, an irrevocable letter of credit, a bond issued by an insurance
				company licensed and in good standing in this State, a qualified power of
				attorney issued by an insurer pursuant to a producer underwriting agreement, or
				real estate located in this State that is unencumbered in, at least, the amount
				of minimum financial responsibility required as set forth in this
				rule.
2.11. "Surety bondsman" means
				a person who:
2.11.1. Has been approved and
				licensed by the Commissioner as an insurance producer with a property and
				casualty line of authority and appointed by an insurer to execute or
				countersign bail bonds for the insurer through a qualified power of attorney in
				connection with judicial proceedings and charges, receives or is promised money
				or other things of value in exchange for his or her services; or
2.11.2. Posts approved security by providing
				the Commissioner with a qualified power of attorney issued by an insurer
				pursuant to a producer underwriting agreement and being approved and licensed
				by the Commissioner as an insurance producer with a limited lines surety line
				of authority and appointed by an insurer to execute or countersign bail bonds
				for the insurer in connection with judicial proceedings and charges, receives
				or is promised money or other things of value in exchange for his or her
				services.