New York Codes, Rules and Regulations
Title 11 - INSURANCE
Chapter II - Agents, Brokers And Adjusters
Part 28 - Professional Bail Bond Agents
Section 28.19 - Record retention

Current through Register Vol. 46, No. 12, March 20, 2024

(a) A bail agent shall maintain records and indices of records required to be maintained under this Part in a durable medium.

(b) Where the original record was not a paper document, the bail agent shall be able to produce information or data that accurately represents a record of communications between a person or entity and the insurer or charitable bail organization or accurately reflects a transaction or event.

(c) Upon transfer of an original record to a durable medium, the bail agent may destroy the original record after ensuring that all information contained in the original record, including signatures, handwritten notations, or photographs, is contained in the durable medium.

(d) If the bail agent does not retain the original paper record, or if there was no original paper record, a duplicate or back-up system sufficient to permit reconstruction of the record shall be established at a separate location.

(e) The bail agent shall maintain records described in this section for six years from the date of exoneration or final order of forfeiture, in this State at the bail agent's principal place of business or stored in such a manner as to allow reasonable accessibility and made available upon the superintendent's request. If the bail agent is a nonresident, then the records shall be made available in this State within 10 days upon the superintendent's request.

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