R20-6-601. Regulation Governing Bail Transactions

A. General provisions 1. Effective date a. On and after, the effective date of this Section, all bail transactions shall be conducted, directly or indirectly in full conformity with this Section. b. No surety insurer shall furnish for use and no bail bond agent shall use any forms or documents which contain any provisions contrary to this Section. 2. Authority. Authority for this Section is A.R.S. §§ 20-142, 20-143 and 20-257 and A.R.S. Chapter 2, Article 3.5. 3. Public interest served. This Section serves the public interest by prohibiting inequities in bail transactions and by establishing standards of licensing and conduct for bail bond agents. 4. Subsections as severable. The subsections of this Section shall be construed as severable, such that, where one or more subsections are held invalid, the remaining subsections will not be adversely affected. 5. Penalty. Violation of Arizona Revised Statutes, Ch. 2, Article 3.5, or this Section will subject the bail bond agent to the penalties of A.R.S. § 20-114, and to the enforcement procedures of A.R.S. §§ 20-152, and 20-160 through 20-166. B. Definitions 1. “Bail transaction” includes solicitation and inducement, preliminary negotiation and effectuation of a contract of surety insurance and the transaction of matters subsequent to and arising from the bail transaction – all in connection with the release of persons arrested or confined. 2. “Bail bond agent” means any person who engages in a bail transaction on behalf of a surety insurer or representative of a surety insurer. 3. “Arrestee” means any person arrested or detained whose release on bail is solicited or procured or concerning whose release negotiations are commenced. 4. “Director” means the same as defined under A.R.S. § 20- 102. C. Licensing 1. Application for license. Each application for an original or renewal license as a bail bond agent shall be on a form furnished by the Director, and each applicant for a license shall furnish supplementary information and supporting statements as the Director may require. 2. Prohibited associations. A bail bond license shall not be issued to, renewed for, or maintained by any person who associates regularly with criminals, gamblers or persons of poor repute – except to the extent such association is required by business or professional duty and responsibility. 3. Transactions by unlicensed persons prohibited. A bail bond agent shall not directly or indirectly permit any person on the bail bond agent’s behalf to solicit or negotiate bail transactions unless the person is duly licensed by the Director. 4. Employees. Employees of bail bond agents performing only clerical duties need not be licensed and shall be deemed not engaged in bail transactions. D. Conduct of bail bond agents