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§ 2090. Surrender of Arrestee to Custody; Return of Premiums.


Barclays Official California Code of Regulations Currentness
Title 10. Investment
Chapter 5. Insurance Commissioner
Subchapter 1. Production of Insurance
Article 2. Bail Transactions
Subarticle 4. Conduct of Bail Licensees
10 CCR § 2090
§ 2090. Surrender of Arrestee to Custody; Return of Premiums.
No bail licensee shall surrender an arrestee to custody prior to the time specified in the undertaking of bail or the bail bond for the appearance of the arrestee, or prior to any other occasion when the presence of the arrestee in court is lawfully required, without returning all premium paid for such undertaking or bond; except that when as the result of judicial action, information concealed or misrepresented by the arrestee or other reasonable cause, any one of which was material to the hazard assumed, and the licensee can show that the hazard was substantially increased, then the bail licensee may retain incurred out of pocket expenses permitted to be charged by Section 2081 (c) and (d). The surrender of an arrestee who is again in custody for an offense for which a penalty greater than that for the original offense may not be imposed, or his surrender at the request of the guarantor, shall never, in and of themselves, be considered to be surrender for reasonable cause, and in case of any surrender under such circumstances, and no actual and substantial increase in hazard can be shown by the licensee, all premiums received and incurred expenses shall be returned. Compliance with an Order of the Court made pursuant to Section 1300(b) of the Penal Code shall be in compliance with this Section; and a licensee at the time of any surrender of an arrestee prior to the time specified in the undertaking of bail shall inform such arrestee of his rights under said Section 1300(b) to petition the Court for a ruling as to return of premium.
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.
1. Change without regulatory effect amending section and adding Note filed 7-11-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 29).
This database is current through 4/9/21 Register 2021, No. 15
10 CCR § 2090, 10 CA ADC § 2090
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