California Code of Regulations
Title 10 - Investment
Chapter 5 - Insurance Commissioner
Subchapter 1 - Production of Insurance
Article 2 - Bail Transactions
Subarticle 5 - Filings and Records
Section 2100 - Necessary Record; Open to Inspection
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
Every bail agent or permittee shall keep complete records of all business done under authority of the bail agent's or permittee's license or under the authority of the license of any bail solicitor, bail agent or bail permittee employed by that bail agent or bail permittee. All records kept by such agent or permittee, including all documents and copies thereof shall be open to inspection or examination by the commissioner or the commissioner's representatives at all reasonable times, at the principal place of business of the licensee as designated in the bail agent's or permittee's license. Such records shall include at least the following information as to each bail transaction shown either in one of the forms required by the provisions of these rules or in a separate book, ledger, or card record:
(a) The full name and address of the arrestee.
(b) The date of arrest, the offense with which the arrestee was charged, the penal amount of the bail, the premium for the undertaking of bail or the amount charged for the bail bond, the date the bail was filed or delivered, and the court or public official before whom the arrestee must appear.
(c) The full name and address of the person furnishing information leading to the solicitation or negotiation of the bail, the date and time such information was received, the manner in which it was received, the connection or relationship to the arrestee of the person other than the arrestee furnishing such information, and the name of the person receiving such information.
(d) If the bail was negotiated with any person other than the arrestee, the full name, address and connection or relationship to the arrestee of such person, and the name of the person who carried out the negotiations on behalf of the licensee.
(e) If the bail was negotiated directly with the arrestee, a full statement of the manner in which the arrestee communicated with the licensee and the name of the person receiving such communication.
(f) The full name and address of each and every person directly or indirectly paying, promising to pay, or guaranteeing the payment of, the whole or any part of the premium, guard fees, charges for extraordinary services, or collateral made or deposited in connection with a bail transaction.
(g) The name of any bail licensee from whom the business was accepted or to whom commission was promised or paid in connection therewith, and the amount of commission promised or paid.
(h) The name of any person who received or was promised any portion of a premium, guard fee, charge or commission or was compensated in any manner directly or indirectly on account of any bail transaction.
(i) If any valuable consideration other than money was received in connection with a bail transaction, a full statement in explanation of such consideration and the circumstances attendant thereto.
(j) Where a writ bond was issued, the name of the attorney appearing thereon.
(k) A separate book record which shall show the date of receipt of any collateral as a guarantee in a bail transaction, the name of the person from whom it was received, the name of the person receiving it, a complete description of the collateral, the amount of bail guaranteed, the amount of premium guaranteed and the disposition of the collateral. If the collateral was returned, the date of its return and the name of the person to whom it was returned.
1. Change
without regulatory effect adding NOTE filed 7-11-2016 pursuant to <section
100, title 1, California Code of
Regulations (Register 2016, No. 29).
2. Change without regulatory effect
amending first paragraph filed 7-14-2021 pursuant to section
100, title 1, California Code of
Regulations (Register 2021, No. 29). Filing deadline specified in Government Code
section
11349.3(a)
extended 60 calendar days pursuant to Executive Order
N-40-20.
Note: Authority cited: Section 1812, Insurance Code. Reference: Sections 1800, 1800.75, 1800.8, 1801, 1802, 1802.1, 1802.2, 1802.5, 1802.6, 1802.7, 1802.71, 1802.72, 1802.73, 1802.74, 1802.75, 1803, 1804, 1805, 1806, 1807, 1809, 1810, 1812 and 1813, Insurance Code.
