§ 1310. Denial, censure, suspension, revocation or refusal to renew license--Grounds
Oklahoma Statutes AnnotatedTitle 59. Professions and OccupationsEffective: November 1, 2019
Effective: November 1, 2019
59 Okl.St.Ann. § 1310
§ 1310. Denial, censure, suspension, revocation or refusal to renew license--Grounds
9. When, in the judgment of the Commissioner, the licensee has, in the conduct of affairs under the license, demonstrated incompetency, or untrustworthiness, or conduct or practices rendering the licensee unfit to carry on the bail bond business or making continuance in the business detrimental to the public interest;
11. When the licensee is guilty of rebating, or offering to rebate, or dividing with someone other than a licensed bail bondsman, or offering to divide commissions in the case of limited surety agents, or premiums in the case of professional bondsmen, and for this conduct is found by the Commissioner to be a source of detriment, injury, or loss to the public;
17. For paying a fee or rebate, or giving or promising anything of value to a jailer, trustee, police officer, law enforcement officer, or other officer of the law, or any other person who has power to arrest or hold in custody, or to any public official or public employee in order to secure a settlement, compromise, remission, or reduction of the amount of any bail bond or estreatment thereof, or to secure delay or other advantage. This shall not apply to a jailer, police officer, or officer of the law who is not on duty and who assists in the apprehension of a defendant;
21. Accepting anything of value from a principal, other than the premium; provided, the bondsman shall be permitted to accept collateral security or other indemnity from the principal which shall be returned immediately upon final termination of liability on the bond and upon satisfaction of all terms, conditions, and obligations contained within the indemnity agreement; provided, however, a bondsman shall not refuse to return collateral or other indemnity because of nonpayment of premium. Collateral security or other indemnity required by the bondsman shall be reasonable in relation to the amount of the bond;
B. In addition to any applicable denial, censure, suspension, or revocation of a license, any person violating any provision of Sections 1301 through 1341 of this title may be subject to a civil penalty of not less than Two Hundred Fifty Dollars ($250.00) nor more than Two Thousand Five Hundred Dollars ($2,500.00) for each occurrence. This fine may be enforced in the same manner in which civil judgments may be enforced. Any order for civil penalties entered by the Commissioner or authorized decision-maker for the Insurance Department which has become final may be filed with the court clerk of Oklahoma County and shall then be enforced by the judges of Oklahoma County.
D. If any bail bondsman is convicted by any court of a violation of any of the provisions of this act,1 the license of the individual shall therefore be deemed to be immediately revoked, without any further procedure relative thereto by the Commissioner.
E. For one (1) year after notification by the Commissioner of an alleged violation, or for two (2) years after the last day the person was licensed, whichever is the lesser period of time, the Commissioner shall retain jurisdiction as to any person who cancels his bail bondsman's license or allows the license to lapse, or otherwise ceases to be licensed, if the person while licensed as a bondsman allegedly violated any provision of this title. Notice and opportunity for hearing shall be conducted in the same manner as if the person still maintained a bondsman's license. If the Commissioner or a hearing examiner determines that a violation of the provisions of Sections 1301 through 1341 of this title occurred, any order issued pursuant to the determination shall become a permanent record in the file of the person and may be used if the person should request licensure or reinstatement.
Credits
Laws 1965, c. 184, § 10; Laws 1973, c. 183, § 1, emerg. eff. May 16, 1973; Laws 1984, c. 225, § 10, emerg. eff. May 23, 1984; Laws 1987, c. 211, § 11, eff. Nov. 1, 1987; Laws 1989, c. 257, § 4, eff. Nov. 1, 1989; Laws 1990, c. 195, § 4, emerg. eff. May 10, 1990; Laws 1995, c. 357, § 3, eff. Nov. 1, 1995; Laws 1997, c. 251, § 3, eff. Nov. 1, 1997; Laws 1997, c. 418, § 121, eff. Nov. 1, 1997; Laws 2010, c. 222, § 57, eff. Nov. 1, 2010; Laws 2013, c. 150, § 4, eff. Nov. 1, 2013; Laws 2015, c. 110, § 4, eff. Nov. 1, 2015; Laws 2016, c. 203, § 5, eff. Nov. 1, 2016; Laws 2019, c. 363, § 47, eff. Nov. 1, 2019.
Footnotes
Title 59, § 1301 et seq.
59 Okl. St. Ann. § 1310, OK ST T. 59 § 1310
Current with emergency effective legislation through Chapter 257 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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