Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-19 - Bail bond agencies and bail bond agents › Part A - GENERAL › Section 308-19-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) Words and terms
				used in these rules shall have the same meaning as each has under chapter
				18.185 RCW unless otherwise clearly provided in these rules, or the context in
				which they are used in these rules clearly indicates that they be given some
				other meaning. Also see
				RCW
				18.185.010 for other definitions.
(2) "Principal partner" means the partner who
				is the qualified agent of a bail bond agency and who exercises operational
				control over the agency.
(3) "Bail
				bond" means the contract between the defendant, the surety and/or the court to
				insure the appearance of the accused before the court(s) at such time as the
				court may direct. These bonds may require annual renewal.
(4) "Property bond agent" means a surety that
				posts security in the form of personal or real estate for compensation to
				assure the appearance of a defendant.
(5) "Surety" as it relates to bail bonds,
				means the depositor/owner of cash if a cash bail bond, the property owner(s) if
				a property bond, the insurance company if a corporate surety bond, that
				guarantees performance of the bail bond contract for compensation.
(6) "Principal/defendant" means the accused,
				for whom a bail bond may be obtained.
(7) "Exonerate" means the discharging of the
				bail bond by the court.
(8)
				"Indemnitor" means the person placing security with an agency/agent, to secure
				the agency against loss for the release of a defendant(s) on a bail
				bond.
(9) "Clients" means
				defendants and indemnitors.
(10)
				"Affidavit" means a written statement made under oath as provided in
				RCW
				10.19.160.
(11) "Indemnity agreement" means the contract
				signed by the indemnitor that states the obligations the indemnitor(s) is/are
				assuming.
(12) "Collateral receipt"
				means an accurate description of the security given to an indemnitor by the
				receiving agency's agent, in its fiduciary capacity, listing all collateral
				given as security for a bail bond and held by the agency/agent until the bail
				bond is exonerated by the court or a forfeiture occurs. The receipt shall name
				the owner of the collateral, the defendant, and the bond number, and specify
				the terms for redemption of the collateral including any fees charged for
				storage.
(13) "Surrender form"
				means the form used to return to custody a defendant for violation of bond
				conditions, and the indemnitor's withdrawal from a bail bond with an affidavit
				in accordance with
				RCW
				10.19.160, or a letter of forfeiture from a
				court in accordance to the bail contract.
(14) "Letter of forfeiture" means a notice in
				varied forms, sent to a bail bond agency/branch office, advising the
				agency/branch office that a defendant who has secured a bail bond with that
				agency has failed to appear on a given date in a given court in accordance with
				RCW
				10.19.090. The court has made a demand for
				the surrender of the defendant, or payment of the face amount of the bond by a
				given date.
(15) "Letter of demand"
				means any form of notice to the indemnitor/defendant that the collateral placed
				in trust has come under jeopardy because of a failure to appear or violation of
				bail.
(16) "Corporate surety bail
				bonds" means a bail bond contract that is guaranteed by a domestic, foreign or
				alien insurance company which has been qualified to transact surety insurance
				business in Washington state by the insurance commissioner.
(17) "Build-up fund" (also known as "BUF
				fund" or "escrow fund" or "trust fund") means that percentage of money obtained
				from collected premiums paid by the agent to the corporate surety company for
				the purpose of indemnifying the corporate surety from loss caused by the
				agent.
(18) "Endorsement" means
				that a bail bond agent or bail bond qualified agent licensee has met all
				licensing requirements for a bail bond recovery agent license and is authorized
				to perform the duties of both a bail bond agent and a bail bond recovery agent.
				Such licenses shall be issued by the department and will clearly state the dual
				purpose of the license.
(19)
				"Forced entry" means physical entry into a dwelling without the occupant's
				knowledge or consent for the purpose of apprehending a defendant subject to a
				bond.
(20) "Credentialed trainer"
				means an individual who has been certified by a state or national association
				to provide training to industry members based upon formal training and industry
				knowledge.
Statutory Authority: Chapter 18.185 RCW. 08-20-036, §
					 308-19-030, filed 9/23/08, effective 11/1/08; 05-08-027, § 308-19-030,
					 filed 3/30/05, effective 4/30/05; 00-01-061, § 308-19-030, filed 12/13/99,
					 effective 1/13/00. Statutory Authority: 1993 c 260 § 13. 93-21-053, §
					 308-19-030, filed 10/18/93, effective
					 11/18/93.