ARM 6.6.6007. SUPERVISION FOR TEMPORARY SURETY BAIL BOND INSURANCE LICENSEES

(1) When an applicant applies for a temporary surety bail bond insurance license pursuant to 33-17-1602, MCA, the applicant must identify an individual who is a fully licensed surety bail bond agent who will serve as the temporary licensee’s supervisor. The applicant must submit a sworn affidavit from the supervisor, using the form designated by the commissioner, that includes the following certifications: (a) The supervisor has read and agrees to comply with the requirements of this rule and applicable laws. (b) The supervisor agrees to supervise the temporary licensee. (c) The supervisor agrees to assume responsibility for the actions of the temporary licensee while the individual is serving as a bail bond agent. (d) The supervisor meets the qualifications listed in 33-17-1602(5)(a)(i) through (iii), MCA. (e) If a temporary licensee’s employment or the supervision ends, the supervisor must immediately send a written notification, via U.S. mail or email, to Producer Licensing at the office of the commissioner and to each surety company or any bonds executed by the temporary licensee. (2) To ensure adequate supervision of temporary licensees, a licensed surety bail bond agent may only serve as the supervisor for up to two temporary licensees at once. (3) “To operate under supervision” of a licensed surety bail bond agent, as the term is used in 33-17-1602(5)(a), MCA, means a person with a temporary surety bail bond insurance license must be in the direct physical presence of the supervisor when attempting to effect the arrest or surrender of a person pursuant to Title 46, chapter 9, MCA, or when entering a private residence. When a person with a temporary surety bail bond insurance license is performing other work that requires a license, such as issuing bonds, the person must be working under the direct control and guidance of the supervisor and be able to immediately contact the supervisor. (4) Upon receipt of notification of termination of a temporary licensee’s supervision arrangement, the temporary license is suspended until the temporary licensee enters into a new supervision arrangement that is compliant with (1). Within one week of suspension, the supervising agent must send written notice, via U.S. mail or email, to Producer Licensing at the office of the commissioner, the surety company, the person released on bail, any co-signers on the bond, and the relevant clerk of court. If no supervising agent is available to provide the required notice, the surety company must send the same written notice within five business days. The notice must identify the producer who will serve as the point of contact for each existing bond and confirm that each bond remains in full force and effect.