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235.09.1-18. Transfer of Bail Bondsman License

AR ADC 235.09.1-18Arkansas Administrative CodeEffective: May 15, 2022

West's Arkansas Administrative Code
Title 235. Arkansas Department of Labor and Licensing
Division 9. Professional Bail Bondsman Licensing Board
Rule 1. Rules of Bail Bond Business
Effective: May 15, 2022
Ark. Admin. Code 235.09.1-18
Formerly cited as AR ADC 164.00.1-17
235.09.1-18. Transfer of Bail Bondsman License
Currentness
A bail bondsman who desires to transfer his license from one company to another shall:
A. Pay a transfer fee of two hundred fifty dollars ($250) to the board; and
B. File with the board:
(i) A sworn affidavit stating that all premiums, fees, and powers of attorney owed to or issued by the company from which the bail bondsman is transferring his or her license have been delivered to the company;
(ii) A letter of resignation addressed to the company from which the bail bondsman is transferring or a letter of termination addressed to the bail bondsman from the company terminating the bail bondsman's appointment;
(iii) A completed bail bondsman application on forms prescribed by the board
(iv) A completed company statement from the company to which the bail bondsman desires to transfer his or her license; and
(v) An original qualifying power of attorney issued by the company to which the bail bondsman desires to transfer his or her license.
C. Upon receipt of a request for transfer of a bail bondsman license, the transfer fee and the documents specified in (B) above, the board shall forward copies of the letter of resignation, if applicable, and the sworn affidavit of the bail bondsman to the company from which the bail bondsman desires to transfer his or her license.
D. Upon receipt of the documents specified in (C) above, the company from which the bail bondsman is transferring shall have seven (7) business days in which to contest the bail bondsman's sworn statement.
E. A company contesting a bail bondsman's sworn statement shall file a written complaint on forms furnished by the board setting out in detail the property the company denies the bail bondsman has returned.
F. Any documents supporting the complaint that shall be offered as evidence to prove the complaint shall be attached to the complaint.
G. Upon receipt of the complaint, the executive director shall set the matter for an informal hearing to be held within seven (7) days of receipt of the complaint and notify the company filing the complaint and the bail bondsman by certified mail, return receipt requested, of the date, time and location of the informal hearing.
H. Either party may appeal the decision of the executive director to a formal hearing before the board by filing a written notice of appeal with the board within seven (7) days of receipt of the executive director's decision.
I. No transfer of a bail bondsman's license shall be effective prior to the expiration of the seven (7) day period for contesting the transfer request unless the company from which the bail bondman is requesting a transfer shall notify the board it has no objection to the transfer, in which case the transfer may be entered prior to the expiration of the seven (7) day period.
(i) If no complaint contesting the bail bondsman's transfer is received during the seven (7) day contest period, the license shall be transferred as requested.
(ii) A company that does not contest the sworn affidavit of a transferring bail bondsman is not precluded by the failure to contest the sworn affidavit from filing a complaint that alleges a violation of the applicable statutes, rules, by the transferring bail bondsman upon discovery of the alleged violation by the company.
J. If the allegations of a complaint contesting the transfer are found to have been established, no transfer of the license shall be accomplished until the bail bondsman accounts for, returns, or pays to the professional bail bond company contesting the transfer the property or money issued to or held in a fiduciary capacity by the bail bondsman.
(i) If a complaint contesting the transfer is filed, a specific finding of fact shall be made concerning whether the affidavit or complaint contesting the affidavit was filed in good faith by the respective parties.
(ii) In the case of a finding of a lack of good faith, the party to whom the finding applies shall be subject to sanctions or disciplinary action pursuant to the provisions of Ark. Code Ann. Section 17-19-210 and as provided by applicable rules.

Credits

Amended July 1, 2020; May 15, 2022.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 235.09.1-18, AR ADC 235.09.1-18
End of Document