Utah Admin. Code R590-186-6 - Unprofessional Conduct

A person licensed as a bail bond agency, a bail bond producer, or a surety insurer may not engage in unprofessional conduct, which includes any of the following acts:

(1) having a professional or occupational license revoked in this or any other state;

(2) being involved in a transaction that shows unfitness to act in a fiduciary capacity;

(3) willfully misstating or negligently reporting a material fact in the initial or renewal application or procuring a misstatement in a document supporting an initial or renewal application;

(4) being the subject of an outstanding civil judgment that reduces a bail bond agency's net worth below the minimum required for licensure;

(5) being convicted of a felony ;

(6) being convicted of a misdemeanor that involves the misappropriation of money or property, dishonesty, or perjury;

(7) failing to report collateral taken as security on a bail bond to the principal, indemnitor, or depositor of such collateral;

(8) failing to preserve, or to retain separately, or both, any collateral taken as security on a bail bond;

(9) failing to return collateral taken as security on a bail bond to the depositor of such collateral, or the depositor's designee, within ten business days of being notified of the exoneration of the bail bond or upon payment of all fees owed to the bail bond agent, whichever is later;

(10) failing to advise the commissioner of a change that has reduced the bail bond agency's net worth below the minimum required for licensure;

(11) using a relationship with a person employed by a jail facility or incarcerated in a jail facility to obtain bail bond referrals;

(12) offering consideration or a gratuity to jail personnel, a peace officer, or an inmate under a circumstance that infers the consideration was offered to induce a bail bond referral or recommendation;

(13) failing to deliver to an incarcerated person, or a person arranging bail on behalf of an incarcerated person, before the time the incarcerated person is released from jail, a one -page disclosure form that includes:

(a) the amount of the bail;

(b) the amount of the bail bond agency's fee, including bail bond premium, preparation fees, and credit transaction fees;

(c) the additional collateral, if any, that will be held by the bail bond agency;

(d) the incarcerated person's obligations to the bail bond agency and the court;

(e) the conditions upon which the bail bond may be revoked;

(f) additional charges or interest that may accrue;

(g) co-signors or indemnitors that will be required; and

(h) the conditions under which the bail bond may be exonerated and the collateral returned;

(14) using an unlicensed bail bond agent or unlicensed bail bond enforcement agent;

(15) using a bail bond agent not contracted and appointed by a bail bond agency or surety insurer;

(16) charging excessive or unauthorized premiums, excessive fees, or other unauthorized charges;

(17) requiring unreasonable collateral security;

(18) failing to provide an itemized statement of expenses deducted from collateral;

(19) requiring that a specific attorney be used as a condition to execute a bail bond;

(20) preparing or issuing a fraudulent or forged bail bond or power of attorney;

(21) signing, executing, or issuing a bail bond by an unlicensed person;

(22) executing a bail bond without countersignature by a licensed bail bond producer at time of issue;

(23) failing to account for and pay premiums held by a bail bond producer or a bail bond agency in a fiduciary capacity to the bail bond agency, surety insurer, or other person who may receive them;

(24) knowingly violating, advising, encouraging, or assisting in violating a statute, court order, or injunction in the course of the bail bond business;

(25) conviction of an act of personal violence or force against any person or conviction of threatening to commit an act of personal violence or force against any person, including a violent felony as defined under Section 76-3-203.5;

(26) soliciting a sexual favor as a condition of obtaining, maintaining, or exonerating a bail bond, regardless of the identity of the person who performs the favor;

(27) acting as an unlicensed bail bond enforcement agent;

(28) failing to satisfy an outstanding judgment; and

(29) using deceptive or intimidating practices.

Notes

Utah Admin. Code R590-186-6

Amended by Utah State Bulletin Number 2019-14, effective 6/21/2019 Amended by Utah State Bulletin Number 2022-11, effective 5/11/2022