Current through Register Vol. 49, No. 2, February 2024
SECTION 1.
PURPOSE
The purpose of this Rule and Regulation ("rule") is to set
specific requirements that should be followed by companies engaged in the bail
bond business in this State, pursuant to Act 417 of 1989, codified as Ark. Code
Ann. Section
17-19-101
et
seq.
SECTION 2.
AUTHORITY
This rule is issued pursuant to the authority vested in the Board
under Ark. Code Ann. Sections
25-15-201,
etseq.,
17-19-106
and all other applicable provisions of Arkansas law.
SECTION 3.
EFFECTIVE DATE AND
APPLICABILITY
This rule shall be effective July 1, 2003 and shall be applicable
to all qualified professional bail bond companies and their licensees and all
applicants for a professional bail bond company or individual bail bondsman
license.
SECTION 4.
DEFINITIONS
The following definitions as used in this rule shall have the
following meaning:
A. "Board" shall
mean the Arkansas Professional Bail Bond Company and Professional Bail Bondsman
Licensing Board/Arkansas Professional Bail Bondsman Licensing Board;
B. "Director" shall mean the Executive
Director of the Board;
C. "Company"
shall mean a professional bail bond company as defined by Ark. Code Ann.
Section
17-19-101(7);
D. "Bail bondsman" shall mean a professional
bail bondsman as defined by Ark. Code Ann. Section
17-19-101(6);
E. "Premium" shall mean the money paid to a
bail bondsman or professional bail bond company for release of an
arrestee;
F. "Arrestee" shall mean
any person actually detained or subject to detention in custody whose release
may lawfully be effected by bail;
G. "Licensee" shall mean a professional bail
bond company or a professional bail bondsman;
H. "Bail bond" shall mean a bond for a
specified monetary amount executed by the defendant or principal and a
qualified licensee which is issued to a court, magistrate, or authorized
officer as security for the subsequent appearance of the defendant upon his
release from actual custody pending the appearance;
I. "Jail" shall mean any police station,
sheriff's office or other place where persons in the custody of the law are
detained;
J. "Principal" shall mean
the person(s) paying the bail bond premium and/or giving the
collateral;
K. "Suretyn" shall mean
the person/company responsible for the appearance of the defendant in
court;
L. "Private Investigator"
shall mean an Arkansas licensed private investigator as defined by A.C.A.
17-40-102(9);
M. "Bail Enforcement Agent/Bounty Huntern"
shall mean a person who is offered or given any compensation by a bail bond
company/ agent or surety in exchange for assisting the bail agent or surety in
apprehending or surrendering any defendant. This does not preclude the right of
bail agents or sureties to hire counsel or to ask assistance of law enforcement
officers.
N. "Stackingn" shall mean
executing more than one bond to avoid exceeding a bondsmanns current Qualifying
Power of Attorney.
O. "Direct
Supervision" means the person is in the physical presence of, and acting
pursuant to instructions from, an Arkansas licensed bail agent.
SECTION 5.
BAIL BOND
FORM
Every bail bond issued by a professional bail bond company or its
licensee(s) shall conform exactly to the forms prescribed in Appendices "A" and
"B", shall have attached to it a 'Statement of Bail and Payment Received" as
prescribed in Appendix "C" and shall be preprinted with sequential
numbers.
SECTION 6.
QUALIFYING POWER OF ATTORNEY FORM
A. Each company, upon either an initial or
renewal application for a company license, must submit to this Board a
Qualifying Power of Attorney from the company, specifying the authority limits
of each of its licensees. A new Qualifying Power of Attorney must be submitted
to this Board immediately for any increases, decreases or other changes made
between licensing periods.
B. The
original Qualifying Power of Attorney increase, signed by the
agent/attorney-in-fact, must be received by the Board office prior to an agent
initiating a bond for the increased amount.
C. Qualifying Power of Attorney increases
shall not be submitted for the purpose of allowing an agent to write a bond
which violates his/her existing Qualifying Power of Attorney or with the intent
of reversing the increase subsequent to the bond being written.
D. The Qualifying Power of Attorney shall be
executed in the form prescribed in Appendix "D" of this rule.
E. All licensed bail bond agents shall, at
any time they are writing bonds, carry a current copy of their Qualifying Power
of Attorney that is on file with the Arkansas Professional Bail Bond Licensing
Board.
F. Only one power of
attorney per bond, not exceeding the agent Qualifying Power of Attorney, is
allowed, unless a court has separated the charges and amounts of bonds. Powers
of attorney shall not be stacked.
G. Those companies operating as sole
proprietorships shall not be required to execute and file a Qualifying Power of
Attorney form unless such a company has licensees other than the sole
proprietor.
SECTION 7.
REGULAR POWER OF ATTORNEY FORM
Every bond executed by a bail bondsman shall include a numbered
power of attorney indicating a valid appointment from a professional bail bond
company and referring to that company. The power of attorney shall be in
the form prescribed in Appendix "A" of this rule and shall have Item 2"
preprinted. A sole proprietor of a company shall include on bonds he
executes an affidavit of sole proprietorship in the form prescribed by Appendix
DBD of this rule.
SECTION
8.
COMPANY CODES
A.
Upon issuance of a license to a professional bail bond company, the Board shall
assign an alpha code which will be exclusive to that company. For each
individual licensee of that company, the Board will assign a consecutive
numerical code.
B. Company codes
and individual bond numbers shall be preprinted sequentially in the upper right
hand corner of all bail bonds, powers of attorney, statements of bail and
premium receipts executed by the licensee. Agent codes may be written in ink
between the company code and the bond number.
SECTION 9.
QUARTERLY REPORTS
A. Every company shall file with the Board a
quarterly report as required by Ark. Code Ann. Section
17-19-303(c).
The report shall be made in the form as prescribed in Appendix "E" of this
rule. The form shall be either typed or computer generated. Bonds required to
be listed should be listed in sequential number order.
B. The quarterly report due dates are as
follows:
|
Period Covered |
Due Date |
|
July 1 - September 30 |
October 15 |
|
October 1 - December 31 |
January 15 |
|
January 1 - March 31 |
April 15 |
|
April 1 - June 30 |
July 15 |
C.
Quarterly reports must be received by the Board on the above referenced due
dates by 4:30 p.m.
D. Companies may
request an extension of time for filing a Quarterly Report by submitting a
written request to the Director. Such request must be received and approved in
advance of the due date, and must be for good cause shown.
E. If the quarterly report is not received as
required by Subsection "C" above and no extension has been granted pursuant to
Subsection "D" above, the offending company will be immediately
suspended.
F. A penalty of One
Hundred Dollars ($100.00) per day will be assessed until the report is
received, beginning the day after the report is due.
G. The company license will be reinstated
upon the payment of said penalty and the signing of consent order.
SECTION 10.
SECURED BAIL
BONDS
A "secured" bail bond is one which is secured by a grant of an
interest in identifiable tangible property. A promissory note, whether or not
co-signed, will not be considered security. A bail bond is only secured up to
an amount equal to the fair market value of the interest granted in tangible
property. If the amount of the bond exceeds the value of the security, that
amount so exceeding the value of the security shall be considered
unsecured.
SECTION 11.
UNSECURED BOND COMMITMENT; PENALTIES
A. The amount of unsecured bond commitments
that a bail bond company can have outstanding at any given time will be
determined by the Board or its Designee pursuant to Ark. Code Ann. Section
17-19-304.
B. Companies using the "ten (10) times"
formula must submit financial statements prepared in accordance with standards
established by the American Institute of Certified Public
Accountants.
C. If a professional
bail bond company exceeds the unsecured bond commitment amount prescribed by
Ark. Code Ann. Section
17-19-304,
such company will have twenty (20) days from the date of written notice from
the Board to bring its unsecured bond commitment into compliance with Code
requirements. However, no unsecured bonds shall be written by any company while
such company is out of compliance.
D. Any company on notice that it is out of
compliance shall submit proof within twenty (20) days that it has rectified the
violation by the posting of an additional certificate of deposit or clean
irrevocable letter of credit for an additional amount.
E. The license of any company which fails to
cure its violations of Ark. Code Ann. Section
17-19-304
may be suspended by order of the Board, and a hearing to show cause why the
license should not be revoked shall be held within ten (10) days of the
suspension. If, after hearing, the Board finds that an unrectified violation
exists, it may revoke the license of the offending company.
SECTION 12.
CLEAN
IRREVOCABLE LETTER OF CREDIT
A. Every
company posting a clean irrevocable letter of credit with the Board pursuant to
Ark. Code Ann. Section
17-19-205(a)(2)(A)
shall post such letter using the form approved by the Board and contained in
Appendix "F" of this rule. Copies of the clean irrevocable letter of credit may
be obtained from the Board. Substituted forms from financial institutions are
not acceptable.
SECTION
13.
CERTIFICATES OF DEPOSIT
Any certificate of deposit filed with the Board pursuant to Ark.
Code Ann. Section
17-19-205(a)(1)
shall be a certificate of deposit issued by an Arkansas or federally chartered
bank located in Arkansas.
SECTION
14.
LICENSES
A. All
company owners/officers/directors/stockholders/partners will be required to
apply to the Identification Bureau of the Department of Arkansas State Police
for a state and nationwide criminal records check to be conducted by the
Federal Bureau of Investigation. The criminal records checks will be required
for any company licensee regardless of whether the owner/applicant is a
licensed Arkansas bail bondsman.
B.
Changes in ownership or changes to the corporate structure of any Arkansas
licensed bail bond company shall be transmitted to the Board via a completed
bail bond company application indicating the change. Criminal record checks
will be submitted for those owners/officers/directors/stockholders/partners not
previously listed.
C. Names of
applicants for an agent license will be forwarded by the Board office to
sheriffs, police chiefs and prosecutors for references. Negative replies shall
be investigated to determine if licensing infractions exist.
D. Company licensees will go through the same
procedure as an agent licensee in regard to letters to sheriffs, police chiefs
and prosecutors. This applies to all sole proprietors, partners, stockholders
and officers.
E. Any application
for a company license will be approved or denied by the Board. There will be no
fictitious names used in the bail bond business. Company applications
containing fictitious names will be returned by the Board office.
F. Any applicant for an agent license will be
approved or denied by the Board or its designee.
G. In the case of an agent's application
being denied by the Board Designee, the applicant can appeal said decision to
the Board.
H. Applicants for an
initial bail bondsman license who satisfactorily complete the examination and
meet the other qualifications and requirements prescribed by law, including
eight (8) hours of beginning education, shall be licensed by the
Board.
SECTION 15.
LICENSE REQUIRED
A. A licensed
bail bond agent must carry a current copy of his/her companyns license, his/her
bail bond agent license and a current copy of his/her Qualifying Power of
Attorney and must present same, when initiating a bail bond if documents are
requested by authorized person(s).
B. The signature of the agent issuing the
bond must be affixed to the bond. Bonds shall not be pre-signed by the agent
nor shall any licensee sign another agentns name.
C. Any licensed bail bondsman or licensed
bail bond company who permits any person not so licensed to solicit or engage
in the bail bond business in his/her/its behalf or any professional bail bond
company or professional bail bond agent who permits any bail bond to be
executed to effect the release of a defendant without being physically present
shall be deemed in violation of Ark. Code Ann. Section
17-19-201.
D. The definition of bail bond business shall
not include those individuals employed solely for the performance of clerical,
stenographic, investigative or other administrative duties if the employee's
compensation is not related to the number of bail bonds written.
SECTION 16.
LICENSE RENEWAL,
HEARINGS, REVOCATION OR SUSPENSION OF LICENSE
All Professional Bail Bond Company Licenses issued under Ark.
Code Ann. §
17-19-101
et.seq. expire on December 31 of every year. Renewal of both professional bail
bond company and professional bail bondsman licenses is required prior to
December 31 to prevent expiration.
A.
Every Arkansas Licensed bail bond company shall submit its renewal packet by
December 1 of each year to ensure renewal of both the company license and the
bail bondsman licenses by January 1 of the next year.
B. Renewal packets received after December 1
will be processed; however, a penalty of one hundred dollars ($100.00) per day
will be assessed until the packet is received, beginning December 2 and
continuing through December 31.
C.
Company and bondsman renewal applications received after December 15 but prior
to December 31 will be processed on the corresponding day in January of the
following year. (Example: Packet received December 16 will be processed on
January 16 of next year). No bonds shall be issued by any company or bondsman
after December 31 until the new license is issued and received by the bond
company/bondsman.
D. Renewal
applications for a Professional Bail Bond Company or for a Professional Bail
Bondsman license received after December 31, will be treated as applications
for initial license. All applicants will be treated as applicants for a new
license and will have to complete the entire licensing process.
SECTION 17.
LICENSE DENIAL -
COMPANY
A bail bond company license shall not be issued or renewed if any
owner, partner, stockholder or officer:
A. Has been convicted of a felony or any
offense involving moral turpitude;
B. Is regularly or frequently employed by:
(1) A court of law; or
(2) A public law enforcement
agency;
C. Is an
attorney licensed by the State of Arkansas or an employee of any such
attorney;
D. Is a person or entity
who is found by the Board to be incompetent, untrustworthy, financially
irresponsible or of doubtful personal and business reputation;
E. Is a person or entity whose license has
been previously revoked.
SECTION
18.
LICENSE DENIAL - BONDSMAN
A bail bondsman's license shall not be issued or renewed to any
individual if that individual:
A. Is
regularly or frequently employed by:
(1) A
court of law; or
(2) A public law
enforcement agency.
B.
Is an attorney licensed by the State of Arkansas or an employee of any such
attorney.
C. Has been convicted of
a felony or any offense involving moral turpitude.
D. Is found by the Board to be incompetent,
untrustworthy, financially irresponsible or of doubtful personal and business
reputation;
E. Is a person whose
license has been previously revoked.
SECTION 19.
FINANCIAL STATEMENTS;
GUIDELINES
A. Any assets listed on the
financial statement of a corporation seeking to be licensed or relicensed shall
be assets directly owned by the corporation and held in the name of such
corporation. Assets listed on the financial statement of a partnership seeking
licensure or relicensure as a professional bail bond company shall be those
assets owned by the partnership; assets owned individually by one partner may
also be listed as long as such assets are identified separately on the
financial statement. Assets of the sole proprietor shall be those personally
owned and held by such proprietor.
B. Certificates of Deposit which are filed
with the Board pursuant to Ark. Code Ann. Section
17-19-205(a)(1)
must be identified on financial statements.
C. Any real or personal property listed as an
asset must be property not subject to the exemption laws of this state, unless
a waiver to said exemption has been properly executed and filed with the
financial statement. Notes receivable from arrestees and principals shall not
be considered an asset. Property held as collateral on a bond shall not be
considered an asset.
D. The Board
may request any documentation to verify the worth of any asset listed or to
show the extent of any encumbrance or the lack of any encumbrance. Any real or
personal property valued at more than $10,000.00 shall be shown at its current
appraised valuation unless such asset is in the form of cash or bank deposits;
then the value shall be the property's actual value, or in the case of bonds or
publicly traded stock, the actual market value. Licensees listing stocks issued
by closely held corporations and/or which are not publicly traded must include
a written statement of the stock valuation from a corporate officer and a
current audited financial statement. Any appraisal or financial statement
submitted shall be from a qualified, independent and objective
source.
SECTION 20.
CERTIFICATE OF DEPOSIT AND CLEAN IRREVOCABLE LETTER OF CREDIT;
RELEASE
Any company desiring the release of a certificate of deposit or
clean irrevocable letter of credit which has been filed with the Board shall
comply with either of the following requirements:
A. A company seeking release of a certificate
of deposit or a clean irrevocable letter of credit may file with the Board a
replacement security in an amount equal to or greater than the amount of the
security for which release is sought, and the replacement security must be
specifically retroactive to the date the original security was
issued.
B. If a company wishes to
procure the release of a clean irrevocable letter of credit or of a certificate
of deposit, it must present a statement in writing from each court of each
county in which the company was engaged in business to write bail bonds,
stating that the company has satisfied all its outstanding liabilities, both
actual and potential; that no outstanding forfeitures against the company
remain; that all bail bonds which were issued by the company have been
discharged; and that all civil judgments as to forfeitures on bonds issued by
the licensee have been paid in full.
SECTION 21.
COLLATERAL; FIDUCIARY
RELATIONSHIP
When a bail bond company/agent takes physical possession of
collateral, a pre-numbered written receipt must be given reflecting the
following:
(1) the name, address and
telephone number of the professional bail bond company;
(2) the name and signature of the person
giving collateral;
(3) the bail
bond number(s) for which collateral is posted;
(4) a description and approximate value of
collateral received;
(5) the
purpose for collateral received; and
(6) the name and signature of the bail bond
agent.
Any licensee who receives collateral in connection with a bail
transaction shall receive such collateral in a fiduciary capacity, and prior to
any forfeiture of bail, shall keep it separate and apart from any other funds
or assets of such bail bondsman.
At no time shall collateral be converted to the personal use of
the licensee or bail bond company prior to any forfeiture.
SECTION 22.
RETURN OF EXCESS
COLLATERAL ON FORFEITURE; EXPENSES
If collateral received is in excess of the bail forfeited, such
excess shall be returned to the person who placed the collateral with the
licensee immediately upon the application of the collateral to the forfeiture.
Documented reasonable expenses incurred due to a breach of the bail bond
contract or Court Order may be deducted from the collateral, if the Court does
not allow a remission from the sum specified in the bail bond.
SECTION 23.
REFUND OF
PREMIUM
The principal shall be entitled to a refund of his premium when
the arrestee is surrendered by his bail bondsman at any time prior to the final
termination of the liability of the bond provided that the arrestee has not
committed any of the following:
A.
Left the jurisdiction of the court without written consent of the court for a
period in excess of twenty-four (24) hours;
B. Moved from his place of residence without
notifying his bail bondsman;
C. Was
arrested for an offense other than a traffic violation;
D. Violated any substantive provision in the
bail bond contract.
The principal shall be entitled to a refund of his premium when
the bondsman fails to secure the defendants release from actual custody.
SECTION 24.
ALLOWABLE CHARGES
A. The premium
allowed by Ark. Code Ann. Section
17-19-301 is
the maximum amount a bail bondsman may charge for writing a bond. The following
separate charges are not allowable and shall not be charged by a company or any
licensee:
(1) Operating expenses
(2) Mileage
(3) Telephone calls
(4) Photo fees
(5) Postage
(6) Extra personnel fees
(7) Prepaid recovery expenses
B. Allowable charges do include
any expenses such as filing fees for documents or other fees which are expenses
incurred by the person executing any documents in order to procure coverage by
a bail bond.
C. Any rebating or
discounting of premiums by any company or licensee is strictly
prohibited.
SECTION 25.
FORFEITURES; MISREPRESENTATIONS
No bail bondsman shall purposely make any misleading or untrue
representations to any court or to any public official for the purpose of
avoiding or preventing a forfeiture of bail or setting aside a forfeiture which
has already occurred.
SECTION
26.
UNPAID FORFEITURES AND MISCONDUCT; LICENSE
SANCTIONS
A. If it is found that any
licensee has been found guilty of misconduct or malfeasance and upon notice
from the aggrieved party of damages due to the licensee's misconduct, the Board
may notify the licensee by certified mail of the claim.
(1) If the verified amount due the aggrieved
party is not paid within twenty (20) days of issuance of notice, the Board may
suspend the license and immediately withdraw the allowable amount from the
posted certificate of deposit or maintain a civil action on the letter of
credit.
(2) The license of the
malefactor shall remain suspended until the amount of damage is paid.
(3) If the amount remains unpaid after
suspension, the Board may order a hearing for the licensee to show cause why
his license should not be revoked.
(4) Any company whose license is revoked by
the Board pursuant to a show cause hearing must immediately discontinue
operations. Telephone service, signs and other forms of advertising and
communication shall be disconnected and the offices locked.
B. When a final unpaid civil
judgment of forfeiture is forwarded to the Board pursuant to Ark. Code Ann.
Section
17-19-208(b)(1),
the Board shall notify the licensee involved by certified mail. If the
forfeiture judgment remains unpaid for ten (10) days following issuance of
notice, the Board may administratively suspend the license and make claim
against the licensee's security deposit up to the allowable amount of ten
thousand dollars ($10,000.00).
SECTION 27.
BAIL BOND COMPLAINT FORM
AND PROCEDURES
Complaints may be filed and hearings will be conducted pursuant
to A.C.A. §
17-19-209
and ACT 1477 of 1999.
Any person desiring to make a complaint concerning an alleged
violation of Ark. Code Ann. Sections
17-19-201,
et seq., by any company or
individual bondsman shall use the bail bond complaint form prescribed in
Appendix "G" of this rule. A copy of the complaint form may be obtained from
the Board. The form must be signed by the complaining party under penalty of
perjury and notarized.
SECTION
28.
COMPLAINTS
A.
All complaints will be investigated by the Executive Director or his/her
designee.
B. At the discretion of
the Board, the Executive Director may hold informal hearings in reference to a
complaint or a formal hearing before the Board may be set by the Executive
Director. The respondent company/agent may request a formal hearing before the
Board.
C. The respondent
company/agent may appeal the Director's findings at an informal hearing to the
Board.
D. If any person or company
regulated by this Board files a complaint or causes a complaint to be filed
against another person or company regulated by this Board and said complaint is
ultimately determined by the Board to be a complaint without merit, the
complaining party shall be brought before this Board for appropriate
disciplinary action pursuant to A.C.A .
17-19-210.
SECTION 29.
GIFTS
PROHIBITED
No licensee shall give, directly or indirectly, any gift of any
kind to any public official, any candidate for public office, or any employee
of a governmental agency who has duties or responsibilities with respect to the
administration of justice or a place wherein detention of a person charged with
a crime may occur or to any prisoner in any jail. Items which are distributed
generally for the purposes of advertising and political contributions lawfully
given shall not be considered gifts for the purposes of this section.
SECTION 30.
NOTICE OF CHANGE
OF ADDRESS; COOPERATION
A. Every
professional bail bondsman and professional bail bond company shall notify the
Board in writing of any change of his/her/its principal business address and/or
his/her residence address within ten (10) days of such change.
B. Every bail bondsman and company shall
promptly respond to all correspondence, request for information, or otherwise,
directed to the bondsman or company by the Board or an employee thereof. Every
licensed professional bail bondsman and/or company shall fully cooperate with
any examination or investigation conducted by the Board.
C. Failure on the part of any company or its
licensees to make all financial and business records available for inspection
or examination upon request by the Board, or failure to otherwise cooperate
with the requirements of subsections (A) or (B) of this section, shall be
grounds for automatic suspension.
SECTION 31.
WRITTEN STATEMENT OF BAIL
TRANSACTION; CONTENTS
Every bail bondsman shall at the time of obtaining the release of
an arrestee on bail, deliver (and keep a copy for his own records) to such
arrestee or to the principal a numbered document signed by the arrestee
containing the following information as prescribed in Appendix "C":
(1) the name of the bail bondsman;
(2) the name, address and telephone number of
the professional bail bond company;
(3) the name of the arrestee;
(4) the date of arrest;
(5) the date of release of the
arrestee;
(6) the date, time and
place of the arrestee's required appearance, if known;
(7) the amount of bail;
(8) the offenses with which the arrestee is
charged;
(9) the premium for the
bail bond;
(10) the amount
received;
(11) the unpaid balance,
if any; and
(12) a description of
and receipt number for any collateral received.
SECTION 32.
EXAMINATIONS
After a person passes the examination for licensure, he shall
have one (1) year from the date that the examination result is certified to
apply for a license. If he applies for a license more than one (1) year from
the date the examination result is certified, he shall be required to retake
and pass the examination before a license can be issued.
SECTION 33.
RECORD RETENTION
All records required herein shall be maintained for a period of
five (5) years at one central location. If the records are kept at a location
other than the mailing address on file at the Board, then such address must be
submitted to the Board in writing with a notation that such address is where
the records are maintained.
SECTION
34.
COMPANY APPOINTMENT
A professional bail bondsman can represent no more than one
professional bail bond company at a time.
SECTION 35.
ADVERTISING
A. All advertising pursuant to Ark. Code Ann.
Section
17-19-109
shall prominently display the company name, i.e., the company name shall be
larger than the agent's name. (See Appendix "H".)
B. There will be no fictitious names used in
the bail bond business. All advertising will be in the name of the licensed
company only.
SECTION
36.
HEARING OFFICER
The Board may appoint a hearing officer to preside at hearings
pursuant to A.C.A.
25-15-213 and
who may, if authorized by the Board, prepare a proposal for decision pursuant
to A.C.A.
25-15-210.
SECTION 37.
APPREHENSION OF
DEFENDANTS
No person shall represent himself/herself to be a bail
enforcement agent, bounty hunter or similar title.
No professional bail bond company/bondsman shall permit or
authorize any person to apprehend a defendant on bail unless that person is
qualified pursuant to A.C.A.
16-84-114
and is:
1. A bail bond agent licensed
by the state where the bond was written; or
2. A private investigator licensed in
Arkansas; or
3. A certified law
enforcement officer; or
4. A person
who is acting under the direct supervision of an Arkansas licensed bail bond
agent and who is at least twenty-one (21) years of age with no prior felony
convictions or convictions for any offense involving moral turpitude or
violence.
Any bail bond company/bondsman permitting or authorizing a person
other than the surety to apprehend or surrender a defendant pursuant to A.C.A.
16-84-114(3)
(b) must provide the agent with:
1. Written authorization on company
letterhead using the form approved by the Board and contained in Appendix DID
of this rule; and
2. A certified
copy of the bail bond or recognizance appropriately endorsed as provided in
A.C.A.
16-84-114.
Any bail bond agent attempting to apprehend a defendant must
notify the local law enforcement agency or agencies of his presence and provide
them with the defendant's name, charges and suspected location.
