As used in this Code, unless the context
otherwise requires, the words and terms defined in NRS 697.030 to 697.070 ,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1971, 1905; A 1997, 3383)
“Bail” means a deposit made with a
court or other governmental agency to secure or continue the release from
custody and to guarantee the appearance of the defendant in a criminal
proceeding. The term includes bail bonds, undertakings of bail and any
pledge or deposit of the matters described in NRS 697.320 .
(Added to NRS by 1971, 1906; A 1997, 3383)
“Bail agent” means any
individual appointed by an authorized surety insurer by power of attorney
to execute or countersign undertakings of bail in connection with
judicial proceedings and who receives or is promised money or other
things of value therefor.
(Added to NRS by 1971, 1906)
“Bail enforcement
agent” means a person who has contracted with or is employed by a surety
or bail agent as a special agent to enforce the terms and conditions of a
defendant’s release from custody on bail in a criminal proceeding, to
locate a defendant and to apprehend a defendant or surrender a defendant
to custody, or both, if appropriate.
(Added to NRS by 1997, 3380)
“Bail solicitor” means a
person employed by a bail agent to solicit bail transactions as a
representative of the bail agent.
(Added to NRS by 1971, 1906; A 1997, 3383)
1. “General agent” means any individual or person appointed by an
insurer to supervise or manage the bail bond business written by bail
agents of such insurer.
2. A general agent shall not solicit or negotiate undertakings of
bail or bail bonds unless licensed as a bail agent by this state.
(Added to NRS by 1971, 1906)
1. A person in this state shall not act in the capacity of a bail
agent, bail enforcement agent or bail solicitor, or perform any of the
functions, duties or powers prescribed for a bail agent, bail enforcement
agent or bail solicitor under the provisions of this chapter, unless that
person is qualified and licensed as provided in this chapter. The
Commissioner may, after notice and opportunity to be heard, impose an
administrative fine of not more than $1,000 for each act or violation of
the provisions of this subsection.
2. A person, whether or not located in this state, shall not act
as or hold himself out to be a general agent unless qualified and
licensed as such under the provisions of this chapter.
3. For the protection of the people of this state, the
Commissioner shall not issue or renew, or permit to exist, any license
except in compliance with this chapter. The Commissioner shall not issue
or renew, or permit to exist, a license for any person found to be
untrustworthy or incompetent, or who has not established to the
satisfaction of the Commissioner that he is qualified therefor in
accordance with this chapter.
(Added to NRS by 1971, 1906; A 1997, 3384; 1999, 2818 ; 2001, 2252 )
1. Except as otherwise provided in this section, no license may be
issued:
(a) Except in compliance with this chapter.
(b) To a bail agent, bail enforcement agent or bail solicitor,
unless he is a natural person.
2. A corporation may be licensed as a bail agent or bail
enforcement agent if:
(a) The corporation is owned and controlled by an insurer
authorized to write surety in this State or a subsidiary corporation of
such an insurer; or
(b) Ownership and control of the corporation is retained by one or
more licensed agents.
3. This section does not prohibit two or more licensed bail agents
from entering into a partnership for the conduct of their bail business.
No person may be a member of such a partnership unless he is licensed
pursuant to this chapter in the same capacity as all other members of the
partnership. A limited partnership or a natural person may not have any
proprietary interest, directly or indirectly, in a partnership or the
conduct of business thereunder except licensed bail agents as provided in
this chapter.
(Added to NRS by 1971, 1907; A 1979, 1402; 1997, 3384; 1999, 2818
)
This chapter does not:
1. Prevent a producer of insurance from writing bail bonds for any
insurer authorized to write surety for which he is an appointed agent,
but he is subject to and governed by all laws and regulations relating to
bail agents when engaged in the activities thereof.
2. Affect the negotiation for or the execution or delivery of a
bail bond which is authorized by chapter 696A of NRS.
(Added to NRS by 1971, 1907; A 1997, 3384; 2001, 2253 )
The
Commissioner shall prescribe and furnish all forms in connection with
licensing and appointments required under this chapter.
(Added to NRS by 1971, 1907)
1. Except as otherwise provided in subsection 2, a person is
entitled to receive, renew or hold a license as a bail agent if he:
(a) Is a resident of this state and has resided in this state for
not less than 1 year immediately preceding the date of the application
for the license.
(b) Is a natural person not less than 18 years of age.
(c) Has been appointed as a bail agent by an authorized surety
insurer, subject to the issuance of the license.
(d) Is competent, trustworthy and financially responsible.
(e) Has passed any written examination required under this chapter.
(f ) Has filed the bond required by NRS 697.190 .
(g) Has, on or after July 1, 1999, successfully completed a 6-hour
course of instruction in bail bonds that is:
(1) Offered by a state or national organization of bail
agents or another organization that administers training programs for
bail agents; and
(2) Approved by the Commissioner.
2. A person is not entitled to receive, renew or hold a license as
a bail agent if he has been convicted of, or entered a plea of guilty or
nolo contendere to, forgery, embezzlement, obtaining money under false
pretenses, larceny, extortion, conspiracy to defraud or any crime
involving moral turpitude. A conviction of, or plea of guilty or nolo
contendere by, an applicant or licensee for any crime listed in this
subsection is a sufficient ground for the Commissioner to deny a license
to the applicant or to suspend or revoke the license of the agent.
(Added to NRS by 1971, 1908; A 1977, 1036; 1997, 3040, 3384)
1. Except as otherwise provided in subsection 2, a person is
entitled to receive, renew or hold a license as a bail solicitor if he:
(a) Is a natural person not less than 18 years of age.
(b) Is a resident of this state and has resided in this state for
not less than 3 months immediately preceding the date of the application
for the license.
(c) Is the bona fide employee of a licensed bail agent as a bail
solicitor, or is to be so employed subject to the issuance of the license.
(d) Has successfully completed a 6-hour course of instruction in
bail bonds that is:
(1) Offered by a state or national organization of bail
agents or another organization that administers training programs for
bail solicitors; and
(2) Is approved by the Commissioner.
(e) Has passed any written examination required under this chapter.
2. Except as otherwise provided in NRS 697.188 , a person is not entitled to receive, renew or
hold a license as a bail solicitor if he:
(a) Has been convicted of a felony in this state or of any offense
committed in another state which would be a felony if committed in this
state; or
(b) Has been convicted of an offense involving moral turpitude or
the unlawful use, sale or possession of a controlled substance.
(Added to NRS by 1971, 1909; A 1977, 1036; 1997, 3385)
1. Except as otherwise provided in subsection 2, a person is
entitled to receive, renew or hold a license as a bail enforcement agent
if he:
(a) Is a natural person not less than 21 years of age.
(b) Is a citizen of the United States or is lawfully entitled to
remain and work in the United States.
(c) Has a high school diploma or a general equivalency diploma or
has an equivalent education as determined by the Commissioner.
(d) Has submitted to the Commissioner a report of an investigation
of his criminal history from the Central Repository for Nevada Records of
Criminal History which indicates that he possesses the qualifications for
licensure as a bail enforcement agent.
(e) Has submitted to the Commissioner the results of an examination
conducted by a psychiatrist or psychologist licensed to practice in this
state which indicate that he does not suffer from a psychological
condition that would adversely affect his ability to carry out his duties
as a bail enforcement agent.
(f) Has passed any written examination required by this chapter.
(g) Submits to the Commissioner the results of a test to detect the
presence of a controlled substance in his system that was administered no
earlier than 30 days before the date of the application for the license
which do not indicate the presence of any controlled substance for which
he does not possess a current and lawful prescription issued in his name.
(h) Successfully completes the training required by NRS 697.177
.
2. A person is not entitled to receive, renew or hold a license of
a bail enforcement agent if he:
(a) Has been convicted of a felony in this state or of any offense
committed in another state which would be a felony if committed in this
state; or
(b) Has been convicted of an offense involving moral turpitude or
the unlawful use, sale or possession of a controlled substance.
(Added to NRS by 1997, 3380)
1. Except as otherwise provided in this section, an applicant for
a license as a bail enforcement agent must satisfactorily complete a
basic course of training for bail enforcement agents that is approved by
the Commissioner.
2. The basic course of training must consist of at least 80 hours
of training which includes instruction in:
(a) The following areas of the law:
(1) Constitutional law;
(2) Procedures for arresting defendants and surrendering
defendants into custody;
(3) Civil liability;
(4) The civil rights of persons who are detained in custody;
(5) The use of force; and
(6) The history and principles of bail;
(b) Procedures for field operations, including, without limitation:
(1) Safety and survival techniques;
(2) Searching buildings;
(3) Handling persons who are mentally ill or under the
influence of alcohol or a controlled substance; and
(4) The care and custody of prisoners;
(c) The skills required of bail enforcement agents, including,
without limitation:
(1) Writing reports, completing forms and procedures for
exoneration;
(2) Methods of arrest;
(3) Nonlethal weapons;
(4) The retention of weapons;
(5) Qualifications for the use of firearms; and
(6) Defensive tactics;
(d) Principles of investigation, including, without limitation:
(1) The basic principles of locating defendants who have not
complied with the terms and conditions established by a court for their
release from custody or the terms and conditions of a contract entered
into with a surety; and
(2) Ethics; and
(e) The following subjects:
(1) Demeanor in a courtroom;
(2) First aid used in emergencies; and
(3) Cardiopulmonary resuscitation.
Ê An applicant may complete the 80 hours of training required by this
subsection by completing 16 hours of training each weekend for 5 weeks.
3. In lieu of completing the basic course of training required by
subsection 1, an applicant may submit proof to the Commissioner that he
has completed a course of training required by a municipal, state or
federal law enforcement agency or a branch of the Armed Forces to carry
out the duties of a peace officer.
4. An applicant for a license as a bail enforcement agent must
complete the training required by this section within 9 months after the
date he is employed by a bail agent as a bail enforcement agent. The
Commissioner shall issue a temporary license to an applicant who has not
completed the training if he is otherwise qualified to be issued a
license as a bail enforcement agent. The temporary license:
(a) Authorizes the person to whom it is issued to act as a bail
enforcement agent while employed by a licensed bail agent.
(b) Is valid for 9 months or until the person to whom it is issued
completes the training required by this section, whichever occurs first.
(c) May not be renewed.
(Added to NRS by 1997, 3380)
[Effective until the date of
the repeal of the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and
for noncompliance with certain processes relating to paternity or child
support proceedings.]
1. A written application for a license as a bail agent, general
agent, bail enforcement agent or bail solicitor must be filed with the
Commissioner by the applicant, accompanied by the applicable fees. The
application form must:
(a) Include the social security number of the applicant;
(b) Be accompanied by a complete set of the applicant’s
fingerprints which the Commissioner may forward to the Central Repository
for Nevada Records of Criminal History for submission to the Federal
Bureau of Investigation for its report; and
(c) Require full answers to questions reasonably necessary to
determine the applicant’s:
(1) Identity and residence.
(2) Business record or occupations for not less than the 2
years immediately preceding the date of the application, with the name
and address of each employer, if any.
(3) Prior criminal history, if any.
2. The Commissioner may require the submission of such other
information as may be required to determine the applicant’s
qualifications for the license for which he applied.
3. The applicant must verify his application. An applicant for a
license under this chapter shall not knowingly misrepresent or withhold
any fact or information called for in the application form or in
connection therewith.
(Added to NRS by 1971, 1909, A 1981, 1809; 1997, 2208, 3386; 1999,
520 ; 2003, 2872 )
[Effective on the date of the
repeal of the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and
for noncompliance with certain processes relating to paternity or child
support proceedings.]
1. A written application for a license as a bail agent, general
agent, bail enforcement agent or bail solicitor must be filed with the
Commissioner by the applicant, accompanied by the applicable fees. The
application form must:
(a) Be accompanied by a complete set of the applicant’s
fingerprints which the Commissioner may forward to the Central Repository
for Nevada Records of Criminal History for submission to the Federal
Bureau of Investigation for its report; and
(b) Require full answers to questions reasonably necessary to
determine the applicant’s:
(1) Identity and residence.
(2) Business record or occupations for not less than the 2
years immediately preceding the date of the application, with the name
and address of each employer, if any.
(3) Prior criminal history, if any.
2. The Commissioner may require the submission of such other
information as may be required to determine the applicant’s
qualifications for the license for which he applied.
3. The applicant must verify his application. An applicant for a
license under this chapter shall not knowingly misrepresent or withhold
any fact or information called for in the application form or in
connection therewith.
(Added to NRS by 1971, 1909; A 1981, 1809; 1997, 2208, 3386; 1999,
520 ; 2003, 2872 , effective on the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings)
[Expires by
limitation on the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings.]
1. A natural person who applies for the issuance or renewal of a
bail agent’s, general agent’s, bail enforcement agent’s or bail
solicitor’s license shall submit to the Commissioner the statement
prescribed by the Division of Welfare and Supportive Services of the
Department of Health and Human Services pursuant to NRS 425.520 . The statement must be completed and signed by
the applicant.
2. The Commissioner shall include the statement required pursuant
to subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the license; or
(b) A separate form prescribed by the Commissioner.
3. A bail agent’s, general agent’s, bail enforcement agent’s or
bail solicitor’s license may not be issued or renewed by the Commissioner
if the applicant is a natural person who:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Commissioner
shall advise the applicant to contact the district attorney or other
public agency enforcing the order to determine the actions that the
applicant may take to satisfy the arrearage.
(Added to NRS by 1997, 2207; A 1999, 520 )
[Expires by limitation on the date of the repeal of the federal law
requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses
for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings.]
1. If the Commissioner receives a copy of a court order issued
pursuant to NRS 425.540 that provides
for the suspension of all professional, occupational and recreational
licenses, certificates and permits issued to a person who is the holder
of a bail agent’s, general agent’s, bail enforcement agent’s or bail
solicitor’s license, the Commissioner shall deem the license issued to
that person to be suspended at the end of the 30th day after the date on
which the court order was issued unless the Commissioner receives a
letter issued to the holder of the license by the district attorney or
other public agency pursuant to NRS 425.550 stating that the holder of the license has
complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560 .
2. The Commissioner shall reinstate a bail agent’s, general
agent’s, bail enforcement agent’s or bail solicitor’s license that has
been suspended by a district court pursuant to NRS 425.540 if the Commissioner receives a letter issued
by the district attorney or other public agency pursuant to NRS 425.550
to the person whose license was
suspended stating that the person whose license was suspended has
complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560 .
(Added to NRS by 1997, 2207; A 1999, 520 )
An application
for a license as a bail agent must be accompanied by:
1. Proof of the completion of a 6-hour course of instruction in
bail bonds that is:
(a) Offered by a state or national organization of bail agents or
another organization that administers training programs for bail agents;
and
(b) Approved by the Commissioner.
2. A written appointment by an authorized insurer as agent for
bail bonds, subject to the issuance of the license.
3. A letter from a local law enforcement agency in the applicant’s
county of residence which indicates that the applicant:
(a) Has not been convicted of a felony in this state or of any
offense committed in another state which would be a felony if committed
in this state; and
(b) Has not been convicted of an offense involving moral turpitude
or the unlawful use, sale or possession of a controlled substance.
(Added to NRS by 1997, 3382)
1. An application for a license as a general agent must be
accompanied by:
(a) Proof of the completion of a 6-hour course of instruction in
bail bonds that is:
(1) Offered by a state or national organization of bail
agents or another organization that administers training programs for
general agents; and
(2) Approved by the Commissioner.
(b) A written appointment by an authorized insurer as general
agent, subject to the issuance of the license.
(c) A letter from a local law enforcement agency in the applicant’s
county of residence which indicates that the applicant:
(1) Has not been convicted of a felony in this state or of
any offense committed in another state which would be a felony if
committed in this state; and
(2) Has not been convicted of an offense involving moral
turpitude or the unlawful use, sale or possession of a controlled
substance.
(d) A copy of the contract or agreement that authorizes the general
agent to act as general agent for the insurer.
(e) Any other information the Commissioner may require.
2. If the applicant for a license as a general agent is a firm or
corporation, the application must include the names of the members,
officers and directors and designate each natural person who is to
exercise the authority granted by the license. Each person so designated
must furnish information about himself as though the application were for
an individual license.
(Added to NRS by 1997, 3382; A 1999, 2819 )
An
application for a license as a bail solicitor must be accompanied by:
1. Proof of the completion of a 6-hour course of instruction in
bail bonds that is:
(a) Offered by a state or national organization of bail agents or
another organization that administers training programs for bail
solicitors; and
(b) Approved by the Commissioner.
2. An appointment by a licensed bail agent and a statement by the
agent that he will exercise reasonable supervision over the conduct of
the applicant and be responsible for the applicant’s conduct in the bail
bond business.
3. A letter from a local law enforcement agency in the applicant’s
county of residence which indicates that the applicant:
(a) Has not been convicted of a felony in this state or of any
offense committed in another state which would be a felony if committed
in this state; and
(b) Has not been convicted of an offense involving moral turpitude
or the unlawful use, sale or possession of a controlled substance.
(Added to NRS by 1997, 3382)
An
application for a license as a bail enforcement agent must be accompanied
by:
1. Proof of compliance with the requirements set forth in NRS
697.173 .
2. A letter from a local law enforcement agency in the applicant’s
county of residence which indicates that the applicant:
(a) Has not been convicted of a felony in this state or of any
offense committed in another state which would be a felony if committed
in this state; and
(b) Has not been convicted of an offense involving moral turpitude
or the unlawful use, sale or possession of a controlled substance.
(Added to NRS by 1997, 3383)
A person who is licensed as a general agent, bail agent
or bail solicitor on October 1, 1997, is entitled to renew his license
after that date if he is otherwise qualified to be issued such a license
and submits to the Commissioner a letter from a local law enforcement
agency in his county of residence which indicates that he:
1. Has not, on or after October 1, 1997, been convicted of a
felony in this state or of any offense committed in another state which
would be a felony if committed in this state; and
2. Has not, on or after October 1, 1997, been convicted of an
offense involving moral turpitude or the unlawful use, sale or possession
of a controlled substance.
(Added to NRS by 1997, 3383)
1. Each applicant for a license as a bail agent, bail solicitor or
general agent must file with the application, and thereafter maintain in
force while so licensed, a bond in favor of the people of the State of
Nevada executed by an authorized surety insurer. The bond may be
continuous in form with total aggregate liability limited to payment as
follows:
(a) Bail
agent......................................................................
...................................... $25,000
(b) Bail
solicitor..................................................................
........................................ 10,000
(c) General
agent......................................................................
.................................. 50,000
2. The bond must be conditioned upon full accounting and payment
to the person entitled thereto of money, property or other matters coming
into the licensee’s possession through bail bond transactions under the
license.
3. The bond must remain in force until released by the
Commissioner, or cancelled by the surety. Without prejudice to any
liability previously incurred under the bond, the surety may cancel the
bond upon 30 days’ advance written notice to the licensee and the
Commissioner.
(Added to NRS by 1971, 1910; A 1991, 1017; 1997, 3386; 1999, 2819
)
1. Any natural person who intends to apply for a license as a bail
agent, bail enforcement agent or bail solicitor must personally take and
pass a written examination of his competence to act as such. After
passing the examination, the person may apply to the Commissioner for
such a license.
2. The scope of the examination must be as broad as the bail bond
business.
3. The examination must be administered by the Commissioner or an
entity approved by the Commissioner.
(Added to NRS by 1971, 1910; A 1981, 1810; 1997, 3387)
A bail agent, bail enforcement agent or
bail solicitor whose license lapses is exempt from retaking the
examination otherwise required under NRS 697.200 if he applies and is relicensed within 6
months after the date of lapse.
(Added to NRS by 2001, 2252 )
1. If the Commissioner finds that the application is complete,
that the applicant has passed all required examinations and is otherwise
qualified for the license applied for, he shall promptly issue the
license. Otherwise, the Commissioner shall refuse to issue the license
and promptly notify the applicant and the appointing insurer, if the
application is for a bail agent’s or general agent’s license, or the
employer, if the application is for a bail solicitor’s license, of such
refusal, stating the grounds for the refusal.
2. All fees required to be paid pursuant to this chapter shall be
deemed earned when paid and may not be refunded.
(Added to NRS by 1971, 1910; A 1987, 472)
1. A license must state the name and address of the licensee, the
date of issue, general conditions relative to expiration or termination,
and such other information and conditions as the Commissioner may deem
proper and consistent with law.
2. The license of a bail solicitor must also state the name and
address of the bail agent who is the employer of the bail solicitor.
(Added to NRS by 1971, 1911; A 1997, 3387)
[Effective until
the date of the repeal of the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
1. Except as otherwise provided in NRS 697.177 , each license issued to a general agent, bail
agent, bail enforcement agent or bail solicitor under this chapter
continues in force for 3 years unless it is suspended, revoked or
otherwise terminated. A license may be renewed upon payment of the
applicable fee for renewal to the Commissioner on or before the last day
of the month in which the license is renewable. The fee must be
accompanied by:
(a) Proof that the licensee has completed a 3-hour program of
continuing education that is:
(1) Offered by the authorized surety insurer from whom he
received his written appointment, if any, a state or national
organization of bail agents or another organization that administers
training programs for general agents, bail agents, bail enforcement
agents or bail solicitors; and
(2) Approved by the Commissioner;
(b) If the licensee is a natural person, the statement required
pursuant to NRS 697.181 ; and
(c) A written request for renewal of the license. The request must
be made and signed:
(1) By the licensee in the case of the renewal of a license
as a general agent, bail enforcement agent or bail agent.
(2) By the bail solicitor and the bail agent who employs the
solicitor in the case of the renewal of a license as a bail solicitor.
2. Any license that is not renewed on or before the last day
specified for its renewal expires at midnight on that day. The
Commissioner may accept a request for renewal received by him within 30
days after the date of expiration if the request is accompanied by a fee
for renewal of 150 percent of the fee otherwise required and, if the
person requesting renewal is a natural person, the statement required
pursuant to NRS 697.181 .
3. A bail agent’s license continues in force while there is in
effect an appointment of him as a bail agent of one or more authorized
insurers. Upon termination of all the bail agent’s appointments and his
failure to replace any appointment within 30 days thereafter, his license
expires and he shall promptly deliver his license to the Commissioner.
4. The Commissioner shall terminate the license of a general agent
for a particular insurer upon a written request by the insurer.
5. This section does not apply to temporary licenses issued under
NRS 683A.311 or 697.177 .
(Added to NRS by 1971, 1911; A 1981, 1810; 1987, 473; 1997, 2209,
3387; 1999, 520 ; 2001, 2253 )
[Effective on the
date of the repeal of the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and
for noncompliance with certain processes relating to paternity or child
support proceedings.]
1. Except as otherwise provided in NRS 697.177 , each license issued to a general agent, bail
agent, bail enforcement agent or bail solicitor under this chapter
continues in force for 3 years unless it is suspended, revoked or
otherwise terminated. A license may be renewed upon payment of the
applicable fee for renewal to the Commissioner on or before the last day
of the month in which the license is renewable. The fee must be
accompanied by:
(a) Proof that the licensee has completed a 3-hour program of
continuing education that is:
(1) Offered by the authorized surety insurer from whom he
received his written appointment, if any, a state or national
organization of bail agents or another organization that administers
training programs for general agents, bail agents, bail enforcement
agents or bail solicitors; and
(2) Approved by the Commissioner; and
(b) A written request for renewal of the license. The request must
be made and signed:
(1) By the licensee in the case of the renewal of a license
as a general agent, bail enforcement agent or bail agent.
(2) By the bail solicitor and the bail agent who employs the
solicitor in the case of the renewal of a license as a bail solicitor.
2. Any license that is not renewed on or before the last day
specified for its renewal expires at midnight on that day. The
Commissioner may accept a request for renewal received by him within 30
days after the date of expiration if the request is accompanied by a fee
for renewal of 150 percent of the fee otherwise required.
3. A bail agent’s license continues in force while there is in
effect an appointment of him as a bail agent of one or more authorized
insurers. Upon termination of all the bail agent’s appointments and his
failure to replace any appointment within 30 days thereafter, his license
expires and he shall promptly deliver his license to the Commissioner.
4. The Commissioner shall terminate the license of a general agent
for a particular insurer upon a written request by the insurer.
5. This section does not apply to temporary licenses issued under
NRS 683A.311 or 697.177 .
(Added to NRS by 1971, 1911; A 1981, 1810; 1987, 473; 1997, 2209,
3387; 2001, 2253 , effective on the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings)
1. Each insurer appointing a bail agent shall file with the
Commissioner a written appointment and pay the applicable fee for the
appointment.
2. Each appointment remains in effect until the bail agent’s
license is revoked or otherwise terminated, or there is an earlier
termination of the appointment.
3. No insurer may appoint a bail agent whose contingent liability
exceeds an amount equal to 10 times his reserve account unless the
appointment is first approved by the Commissioner.
(Added to NRS by 1971, 1912; A 1979, 1402; 1981, 1811)
1. An insurer may terminate an appointment at any time. The
insurer shall promptly give written notice of termination and the
effective date thereof to the Commissioner, on forms furnished by the
Commissioner, and to the bail agent if reasonably possible. The
Commissioner may require of the insurer reasonable proof that the insurer
has also given such a notice to the agent if reasonably possible.
2. Accompanying each notice of termination given to the
Commissioner, the insurer shall file with him a statement of the cause,
if any, for the termination. Any information or documents so disclosed to
the Commissioner shall be deemed an absolutely privileged communication,
and the information or documents are not admissible as evidence in any
action or proceedings unless their use as evidence is permitted by the
insurer in writing.
3. A bail agent terminating the appointment and license as such of
a bail solicitor shall give notice of termination in the manner
prescribed by subsections 1 and 2. Any information or documents disclosed
to the Commissioner shall be deemed an absolutely privileged
communication, unless the privilege is waived in writing by the bail
agent.
4. No agreement between an insurer and a bail agent or between an
employing bail agent and a licensed bail solicitor affects the
Commissioner’s termination of the appointment or license if the
termination is requested by the insurer or the employing bail agent, as
the case may be.
(Added to NRS by 1971, 1912; A 1981, 1812; 1997, 3388)
1. A bail solicitor shall not concurrently be employed or licensed
as to more than one bail agent.
2. The bail agent is responsible for the acts or omissions of the
bail solicitors within the scope of his employment.
3. The bail solicitor shall maintain his office with that of the
bail agent with whom he is employed.
4. The bail solicitor’s license must remain in the custody of the
bail agent with whom he is employed. Upon termination of such employment
as a bail solicitor, the bail agent shall give written notice thereof to
the Commissioner, as provided in NRS 697.250 , and deliver the license to the commissioner
for cancellation.
(Added to NRS by 1971, 1913; A 1997, 3389)
A bail agent shall not
act as an attorney-in-fact for an insurer on an undertaking unless he has
registered in the office of the sheriff and with the clerk of the
district court in which the agent resides, and he may register in the
same manner in any other county. Any bail agent shall file a certified
copy of his appointment by power of attorney from each insurer which he
represents as agent with each of such officers. The bail agent shall
register and file a certified copy of renewed power of attorney annually
on July 1. The clerk of the district court and the sheriff shall not
permit the registration of a bail agent unless the agent is licensed by
the Commissioner.
(Added to NRS by 1971, 1913; A 1997, 3389; 2003, 3335 )
1. Every bail agent shall have and maintain in this state a place
of business accessible to the public, wherein the licensee principally
conducts transactions under his license. The address of his principal
place of business must appear upon the application for a license and upon
the license, when issued, and the licensee shall promptly notify the
Commissioner of any change in that address. This subsection does not
prohibit a licensee from conducting business in his residence in this
state.
2. The licenses of the licensee, and those of others employed by
him, and the fees charged for services rendered must be conspicuously
displayed in his principal place of business in a part or area
customarily open to the public.
3. The bail agent shall keep at his principal place of business
the records required under NRS 697.290 .
(Added to NRS by 1971, 1913; A 1997, 3389)
Every bail agent must maintain
in his office such records of bail bonds, and such additional information
as the Commissioner may reasonably require, executed or countersigned by
him to enable the public to obtain all necessary information concerning
the bail bonds for at least 3 years after the liability of the surety has
been terminated. The records must be open to examination by the
Commissioner or his representatives at all times, and the Commissioner at
any time may require the licensee to furnish to him, in such manner or
form as he requires, any information kept or required to be kept in the
records.
(Added to NRS by 1971, 1913; A 1997, 3389; 2003, 3336 )
1. A bail agent shall not, in any bail transaction or in
connection therewith, directly or indirectly, charge or collect money or
other valuable consideration from any person except for the following
purposes:
(a) To pay the premium at the rates established by the insurer, in
accordance with chapter 686B of NRS, or to
pay the charges for the bail bond filed in connection with the
transaction at the rates filed in accordance with the provisions of this
Code. The rates must be 15 percent of the amount of the bond or $50,
whichever is greater.
(b) To provide collateral.
(c) To reimburse himself for actual expenses incurred in connection
with the transaction. Such expenses are limited to:
(1) Guard fees.
(2) Notary public fees, recording fees, expenses incurred
for necessary long distance telephone calls and charges for telegrams.
(3) Travel expenses incurred more than 25 miles from the
agent’s principal place of business. Such expenses:
(I) May be billed at the rate provided for state
officers and employees generally; and
(II) May not be charged in areas where bail agents
advertise a local telephone number.
(4) Expenses incurred to verify underwriting information.
(5) Any other actual expenditure necessary to the
transaction which is not usually and customarily incurred in connection
with bail transactions.
(d) To reimburse himself, or have a right of action against the
principal or any indemnitor, for actual expenses incurred in good faith,
by reason of breach by the defendant of any of the terms of the written
agreement under which and pursuant to which the undertaking of bail or
bail bond was written. If there is no written agreement, or an incomplete
writing, the surety may, at law, enforce its equitable rights against the
principal and his indemnitors, in exoneration. Such reimbursement or
right of action must not exceed the principal sum of the bond or
undertaking, plus any reasonable expenses that may be verified by receipt
in a total amount of not more than the principal sum of the bond or
undertaking, incurred in good faith by the surety, its agents, licensees
and employees by reason of the principal’s breach.
2. This section does not prevent the full and unlimited right of a
bail agent to execute undertaking of bail on behalf of a nonresident
agent of the surety he represents. The licensed resident bail agent is
entitled to a minimum countersignature fee of $5, with a maximum
countersignature fee of $100, plus expenses incurred in accordance with
paragraphs (c) and (d) of subsection 1. Such countersignature fees may be
charged in addition to the premium of the undertaking.
(Added to NRS by 1971, 1914; A 1997, 3390; 2003, 3336 )
Except to the extent permitted by
paragraphs (c) and (d) of subsection 1 and subsection 2 of NRS 697.300
, a licensee shall not make any charge
for his services in a bail transaction in addition to the premium or the
charge for a bail bond at the rates filed in accordance with the
provisions of this Code.
(Added to NRS by 1971, 1915; A 1997, 3391)
1. A bail agent may accept collateral security in connection with
a bail transaction if the collateral security is reasonable in relation
to the face amount of the bond. The bail agent shall not transfer the
collateral to any person other than a bail agent licensed pursuant to
this chapter or a surety insurer holding a valid certificate of authority
issued by the Commissioner. The collateral must not be transported or
otherwise removed from this state. Any person who receives the collateral:
(a) Shall be deemed to hold the collateral in a fiduciary capacity
to the same extent as a bail agent; and
(b) Shall retain, return and otherwise possess the collateral in
accordance with the provisions of this chapter.
2. The collateral security must be received by the bail agent in
his fiduciary capacity, and before any forfeiture of bail must be kept
separate and apart from any other funds or assets of the licensee. Any
collateral received must be returned to the person who deposited it with
the bail agent or any assignee other than the bail agent as soon as the
obligation, the satisfaction of which was secured by the collateral, is
discharged and all fees owed to the bail agent have been paid. The bail
agent or any surety insurer having custody of the collateral shall,
immediately after the bail agent or surety insurer receives a request for
return of the collateral from the person who deposited the collateral,
determine whether the bail agent or surety insurer has received notice
that the obligation is discharged. If the collateral is deposited to
secure the obligation of a bond, it must be returned immediately after
receipt of the request for return of the collateral and notice of the
entry of any order by an authorized official by virtue of which liability
under the bond is terminated or upon payment of all fees owed to the bail
agent, whichever is later. A certified copy of the minute order from the
court wherein the bail or undertaking was ordered exonerated shall be
deemed prima facie evidence of exoneration or termination of liability.
3. If a bail agent receives as collateral in a bail transaction,
whether on his or another person’s behalf, any document conveying title
to real property, the bail agent shall not accept the document unless it
indicates on its face that it is executed as part of a security
transaction. If the document is recorded, the bail agent or any surety
insurer having possession of the document shall, immediately after the
bail agent or surety insurer receives a request for return of the
collateral from the person who executed the document:
(a) Determine whether the bail agent or surety insurer has received
notice that the obligation for which the document was accepted is
discharged; and
(b) If the obligation has been discharged, reconvey the real
property by delivering a deed or other document of conveyance to the
person or to his heirs, legal representative or successor in interest.
The deed or other document of conveyance must be prepared in such a
manner that it may be recorded.
4. If the amount of any collateral received in a bail transaction
exceeds the amount of any bail forfeited by the defendant for whom the
collateral was accepted, the bail agent or any surety insurer having
custody of the collateral shall, immediately after the bail is forfeited,
return to the person who deposited the collateral the amount by which the
collateral exceeds the amount of the bail forfeited. Any collateral
returned to a person pursuant to this subsection is subject to a claim
for fees, if any, owed to the bail agent returning the collateral.
5. If a bail agent accepts collateral, he shall give a written
receipt for the collateral. The receipt must include in detail a full
account of the collateral received.
(Added to NRS by 1971, 1915; A 1997, 3391; 2003, 3337 )
1. After apprehending a defendant in this state, a bail agent or
bail enforcement agent shall immediately or without undue delay notify in
person or by telephone the local law enforcement agency of the
jurisdiction in which the defendant was apprehended of:
(a) The identity of the defendant;
(b) The identity of the bail agent or bail enforcement agent; and
(c) Where the bail agent or bail enforcement agent is taking the
defendant to surrender him into custody.
2. Before forcibly entering an inhabited dwelling in this state, a
bail agent or bail enforcement agent shall notify the local law
enforcement agency of the jurisdiction in which the dwelling is located.
3. A bail agent or bail enforcement agent who violates the
provisions of this section is guilty of a misdemeanor.
4. As used in this section, “inhabited dwelling” means any
structure, building, house, room, apartment, tenement, tent, conveyance,
vessel, boat, vehicle, house trailer, travel trailer, motor home or
railroad car in which the owner or other lawful occupant resides.
(Added to NRS by 1999, 188 )
If a bail agent or bail solicitor, without good cause, surrenders a
defendant to custody before the time specified in the undertaking of bail
or the bail bond for the appearance of the defendant, or before any other
occasion where the presence of the defendant in court is lawfully
required, the premium is returnable in full.
(Added to NRS by 1971, 1915; A 1997, 3391)
1. A bail agent, general agent or bail solicitor shall not:
(a) Suggest or advise the employment of or name for employment any
particular attorney to represent his principal.
(b) Solicit business in or about any place where prisoners are
confined or in or about any court.
(c) Pay a fee or rebate or give or promise anything of value to any
person in order to secure a settlement, compromise, remission or
reduction of the amount of any undertaking or bail bond.
(d) Pay a fee or rebate or give anything of value to an attorney in
bail bond matters, except for legal services actually rendered.
(e) Pay a fee or rebate or give or promise anything of value to the
principal or anyone in his behalf.
(f) Participate in the capacity of an attorney at a trial or
hearing of a person on whose bond he is surety, except for the purposes
of surrendering the defendant, making motions to set aside orders of bail
forfeitures and motions to exonerate bails and protecting his financial
interest in such a bond.
2. The following persons may not be bail agents, bail enforcement
agents or bail solicitors and shall not, directly or indirectly, receive
any benefits from the execution of any bail bond:
(a) Jailers;
(b) Police officers;
(c) Justices of the peace;
(d) Municipal judges;
(e) Sheriffs, deputy sheriffs and constables;
(f) Any person having the power to arrest or having anything to do
with the control of federal, state, county or municipal prisoners; and
(g) Trustees or prisoners incarcerated in any jail, prison or any
other place used for the incarceration of persons.
3. A bail agent shall not sign or countersign in blank any bond,
or give the power of attorney to, or otherwise authorize, anyone to
countersign his name to bonds unless the person so authorized is a
licensed agent directly employed by the agent giving the power of
attorney.
4. A bail agent, bail enforcement agent, bail solicitor or general
agent shall not advertise or hold himself out to be a surety insurance
company.
(Added to NRS by 1971, 1915; A 1983, 906; 1997, 3391)
A bail agent shall
justify his suretyship by attaching a copy of the power of attorney
issued to him by the surety insurer to each bond.
(Added to NRS by 1971, 1916; A 1971, 1958; 1979, 1402; 1997, 3392)
Licensed bail
agents, bail solicitors and bail enforcement agents, and general agents
are also subject to the following provisions of this Code, to the extent
reasonably applicable:
1. Chapter 679A of NRS.
2. Chapter 679B of NRS.
3. NRS 683A.261 .
4. NRS 683A.301 .
5. NRS 683A.311 .
6. NRS 683A.341 .
7. NRS 683A.361 .
8. NRS 683A.400 .
9. NRS 683A.451 .
10. NRS 683A.461 .
11. NRS 683A.480 .
12. NRS 683A.500 .
13. NRS 683A.520 .
14. NRS 686A.010 to 686A.310
, inclusive.
(Added to NRS by 1971, 1916; A 1997, 3392; 2001, 2254 ; 2003, 3338 )
1. The Commissioner may inform the appropriate district attorney
of any violation of any provision of this chapter.
2. In addition to any other penalty provided in this chapter any
person violating any provision of this chapter is guilty of a misdemeanor.
(Added to NRS by 1971, 1917)
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