2005 Nevada Revised Statutes - Chapter 697 — Businesses Related to Bail

CHAPTER 697 - BUSINESSES RELATED TO BAIL

NRS 697.020 Definitions.

NRS 697.030 Baildefined.

NRS 697.040 Bailagent defined.

NRS 697.055 Bailenforcement agent defined.

NRS 697.060 Bailsolicitor defined.

NRS 697.070 Generalagent defined.

NRS 697.090 Licenserequired; administrative fine; general restrictions on licensing.

NRS 697.100 Licensingof natural persons and corporations.

NRS 697.120 Exemptions.

NRS 697.130 Formsfor licensing and appointments.

NRS 697.150 Bailagent: Qualifications.

NRS 697.170 Bailsolicitor: Qualifications.

NRS 697.173 Bailenforcement agent: Qualifications.

NRS 697.177 Basiccourse of training required for bail enforcement agents; temporary license.

NRS 697.180 Applicationfor license as bail agent, general agent, bail enforcement agent or bail solicitor.[Effective until the date of the repeal of the federal law requiring each stateto establish procedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

NRS 697.180 Applicationfor license as bail agent, general agent, bail enforcement agent or bailsolicitor. [Effective on the date of the repeal of the federal law requiringeach state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child support arrearagesand for noncompliance with certain processes relating to paternity or childsupport proceedings.]

NRS 697.181 Paymentof child support: Statement by applicant for license; grounds for denial oflicense; duty of Commissioner. [Expires by limitation on the date of the repealof the federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

NRS 697.182 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation on the date of therepeal of the federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

NRS 697.183 Applicationfor license as bail agent.

NRS 697.184 Applicationfor license as general agent.

NRS 697.185 Applicationfor license as bail solicitor.

NRS 697.186 Applicationfor license as bail enforcement agent.

NRS 697.188 Renewalof license as general agent, bail agent or bail solicitor.

NRS 697.190 Bonds.

NRS 697.200 Examinationfor license as bail agent, bail enforcement agent or bail solicitor.

NRS 697.205 Exemptionfrom examination: Relicensing within 6 months after lapse of license.

NRS 697.210 Issuanceof license; notice of refusal to issue license; fees not refundable.

NRS 697.220 Contentsof license.

NRS 697.230 Expirationand renewal of license. [Effective until the date of the repeal of the federallaw requiring each state to establish procedures for withholding, suspendingand restricting the professional, occupational and recreational licenses forchild support arrearages and for noncompliance with certain processes relatingto paternity or child support proceedings.]

NRS 697.230 Expirationand renewal of license. [Effective on the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings.]

NRS 697.240 Appointmentof bail agents.

NRS 697.250 Terminationof appointment.

NRS 697.260 Bailsolicitors: Special requirements.

NRS 697.270 Registrationof bail agents.

NRS 697.280 Bailagent: Place of business; display of licenses and fees charged; retention ofrecords at place of business.

NRS 697.290 Recordsof bail agent.

NRS 697.300 Collectionsand charges permitted.

NRS 697.310 Prohibitedcharges.

NRS 697.320 Collateral;limitations on transfer of collateral; fiduciary capacity; requirements forreceiving title to real property as collateral; written receipt for collateral.

NRS 697.325 Noticeto local law enforcement agency when defendant apprehended; notice to local lawenforcement agency before forcible entrance of inhabited dwelling; penalty.

NRS 697.330 Surrenderof defendant to custody; return of premiums.

NRS 697.340 Prohibitedacts; persons who may not be bail agents, bail enforcement agents or bail solicitors.

NRS 697.350 Justificationof suretyship.

NRS 697.360 Applicabilityof other provisions.

NRS 697.370 Penalties.

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NRS 697.020 Definitions. As used in this Code, unless the context otherwiserequires, the words and terms defined in NRS697.030 to 697.070, inclusive, havethe meanings ascribed to them in those sections.

(Added to NRS by 1971, 1905; A 1997, 3383)

NRS 697.030 Baildefined. Bail means a deposit made with acourt or other governmental agency to secure or continue the release fromcustody and to guarantee the appearance of the defendant in a criminalproceeding. The term includes bail bonds, undertakings of bail and any pledgeor deposit of the matters described in NRS697.320.

(Added to NRS by 1971, 1906; A 1997, 3383)

NRS 697.040 Bailagent defined. Bail agent means anyindividual appointed by an authorized surety insurer by power of attorney toexecute or countersign undertakings of bail in connection with judicialproceedings and who receives or is promised money or other things of valuetherefor.

(Added to NRS by 1971, 1906)

NRS 697.055 Bailenforcement agent defined. Bail enforcementagent means a person who has contracted with or is employed by a surety orbail agent as a special agent to enforce the terms and conditions of adefendants release from custody on bail in a criminal proceeding, to locate adefendant and to apprehend a defendant or surrender a defendant to custody, orboth, if appropriate.

(Added to NRS by 1997, 3380)

NRS 697.060 Bailsolicitor defined. Bail solicitor means aperson employed by a bail agent to solicit bail transactions as arepresentative of the bail agent.

(Added to NRS by 1971, 1906; A 1997, 3383)

NRS 697.070 Generalagent defined.

1. General agent means any individual or personappointed by an insurer to supervise or manage the bail bond business writtenby bail agents of such insurer.

2. A general agent shall not solicit or negotiateundertakings of bail or bail bonds unless licensed as a bail agent by thisstate.

(Added to NRS by 1971, 1906)

NRS 697.090 Licenserequired; administrative fine; general restrictions on licensing.

1. A person in this stateshall not act in the capacity of a bail agent, bail enforcement agent or bailsolicitor, or perform any of the functions, duties or powers prescribed for abail agent, bail enforcement agent or bail solicitor under the provisions ofthis chapter, unless that person is qualified and licensed as provided in thischapter. The Commissioner may, after notice and opportunity to be heard, imposean administrative fine of not more than $1,000 for each act or violation of theprovisions of this subsection.

2. A person, whether or notlocated in this state, shall not act as or hold himself out to be a generalagent unless qualified and licensed as such under the provisions of thischapter.

3. For the protection of thepeople of this state, the Commissioner shall not issue or renew, or permit toexist, any license except in compliance with this chapter. The Commissionershall not issue or renew, or permit to exist, a license for any person found tobe untrustworthy or incompetent, or who has not established to the satisfactionof the Commissioner that he is qualified therefor in accordance with thischapter.

(Added to NRS by 1971, 1906; A 1997, 3384; 1999, 2818; 2001, 2252)

NRS 697.100 Licensingof natural persons and corporations.

1. Except as otherwise provided in this section, nolicense may be issued:

(a) Except in compliance with this chapter.

(b) To a bail agent, bail enforcement agent or bailsolicitor, unless he is a natural person.

2. A corporation may be licensed as a bail agent orbail enforcement agent if:

(a) The corporation is owned and controlled by aninsurer authorized to write surety in this State or a subsidiary corporation ofsuch an insurer; or

(b) Ownership and control of the corporation isretained by one or more licensed agents.

3. This section does not prohibit two or more licensedbail agents from entering into a partnership for the conduct of their bailbusiness. No person may be a member of such a partnership unless he is licensedpursuant to this chapter in the same capacity as all other members of thepartnership. A limited partnership or a natural person may not have anyproprietary interest, directly or indirectly, in a partnership or the conductof business thereunder except licensed bail agents as provided in this chapter.

(Added to NRS by 1971, 1907; A 1979, 1402; 1997,3384; 1999, 2818)

NRS 697.120 Exemptions. This chapter does not:

1. Prevent a producer of insurance from writing bailbonds for any insurer authorized to write surety for which he is an appointedagent, but he is subject to and governed by all laws and regulations relatingto bail agents when engaged in the activities thereof.

2. Affect the negotiation for or the execution ordelivery of a bail bond which is authorized by chapter696A of NRS.

(Added to NRS by 1971, 1907; A 1997, 3384; 2001, 2253)

NRS 697.130 Formsfor licensing and appointments. TheCommissioner shall prescribe and furnish all forms in connection with licensingand appointments required under this chapter.

(Added to NRS by 1971, 1907)

NRS 697.150 Bailagent: Qualifications.

1. Except as otherwiseprovided in subsection 2, a person is entitled to receive, renew or hold alicense as a bail agent if he:

(a) Is a resident of thisstate and has resided in this state for not less than 1 year immediatelypreceding the date of the application for the license.

(b) Is a natural person notless than 18 years of age.

(c) Has been appointed as abail agent by an authorized surety insurer, subject to the issuance of thelicense.

(d) Is competent, trustworthyand financially responsible.

(e) Has passed any writtenexamination required under this chapter.

(f ) Hasfiled 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 thatis:

(1) Offered by a stateor national organization of bail agents or another organization thatadministers training programs for bail agents; and

(2) Approved by theCommissioner.

2. A person is not entitledto receive, renew or hold a license as a bail agent if he has been convictedof, or entered a plea of guilty or nolo contendere to, forgery, embezzlement,obtaining money under false pretenses, larceny, extortion, conspiracy todefraud or any crime involving moral turpitude. A conviction of, or plea ofguilty or nolo contendere by, an applicant or licensee for any crime listed inthis subsection is a sufficient ground for the Commissioner to deny a licenseto the applicant or to suspend or revoke the license of the agent.

(Added to NRS by 1971, 1908; A 1977, 1036; 1997, 3040,3384)

NRS 697.170 Bailsolicitor: Qualifications.

1. Except as otherwise provided in subsection 2, a person is entitled to receive, renew or hold a license as abail solicitor if he:

(a) Is a natural person notless than 18 years of age.

(b) Is a resident of thisstate and has resided in this state for not less than 3 months immediatelypreceding the date of the application for the license.

(c) Is the bona fide employeeof a licensed bail agent as a bail solicitor, or is to be so employed subject tothe issuance of the license.

(d) Has successfullycompleted a 6-hour course of instruction in bail bonds that is:

(1) Offered by a stateor national organization of bail agents or another organization thatadministers training programs for bail solicitors; and

(2) Is approved by theCommissioner.

(e) Has passed any writtenexamination required under this chapter.

2. Except as otherwiseprovided in NRS 697.188, a person is notentitled to receive, renew or hold a license as a bail solicitor if he:

(a) Has been convicted of afelony in this state or of any offense committed in another state which wouldbe a felony if committed in this state; or

(b) Has been convicted of anoffense involving moral turpitude or the unlawful use, sale or possession of acontrolled substance.

(Added to NRS by 1971, 1909; A 1977, 1036; 1997,3385)

NRS 697.173 Bailenforcement agent: Qualifications.

1. Except as otherwise provided in subsection 2, a personis entitled to receive, renew or hold a license as a bail enforcement agent ifhe:

(a) Is a natural person not less than 21 years of age.

(b) Is a citizen of the United States or is lawfullyentitled to remain and work in the United States.

(c) Has a high school diploma or a general equivalencydiploma or has an equivalent education as determined by the Commissioner.

(d) Has submitted to the Commissioner a report of aninvestigation of his criminal history from the Central Repository for NevadaRecords of Criminal History which indicates that he possesses thequalifications for licensure as a bail enforcement agent.

(e) Has submitted to the Commissioner the results of anexamination conducted by a psychiatrist or psychologist licensed to practice inthis state which indicate that he does not suffer from a psychologicalcondition that would adversely affect his ability to carry out his duties as abail enforcement agent.

(f) Has passed any written examination required by thischapter.

(g) Submits to the Commissioner the results of a testto detect the presence of a controlled substance in his system that wasadministered no earlier than 30 days before the date of the application for thelicense which do not indicate the presence of any controlled substance forwhich 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 holda license of a bail enforcement agent if he:

(a) Has been convicted of a felony in this state or ofany offense committed in another state which would be a felony if committed inthis state; or

(b) Has been convicted of an offense involving moralturpitude or the unlawful use, sale or possession of a controlled substance.

(Added to NRS by 1997, 3380)

NRS 697.177 Basiccourse of training required for bail enforcement agents; temporary license.

1. Except as otherwise provided in this section, anapplicant for a license as a bail enforcement agent must satisfactorily completea basic course of training for bail enforcement agents that is approved by theCommissioner.

2. The basic course of training must consist of atleast 80 hours of training which includes instruction in:

(a) The following areas of the law:

(1) Constitutional law;

(2) Procedures for arresting defendants andsurrendering defendants into custody;

(3) Civil liability;

(4) The civil rights of persons who are detainedin custody;

(5) The use of force; and

(6) The history and principles of bail;

(b) Procedures for field operations, including, withoutlimitation:

(1) Safety and survival techniques;

(2) Searching buildings;

(3) Handling persons who are mentally ill orunder 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 andprocedures 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, withoutlimitation:

(1) The basic principles of locating defendantswho have not complied with the terms and conditions established by a court fortheir release from custody or the terms and conditions of a contract enteredinto 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.

An applicantmay complete the 80 hours of training required by this subsection by completing16 hours of training each weekend for 5 weeks.

3. In lieu of completing the basic course of trainingrequired by subsection 1, an applicant may submit proof to the Commissionerthat he has completed a course of training required by a municipal, state orfederal law enforcement agency or a branch of the Armed Forces to carry out theduties of a peace officer.

4. An applicant for a license as a bail enforcementagent must complete the training required by this section within 9 months afterthe date he is employed by a bail agent as a bail enforcement agent. TheCommissioner shall issue a temporary license to an applicant who has not completedthe training if he is otherwise qualified to be issued a license as a bailenforcement agent. The temporary license:

(a) Authorizes the person to whom it is issued to actas a bail enforcement agent while employed by a licensed bail agent.

(b) Is valid for 9 months or until the person to whomit is issued completes the training required by this section, whichever occursfirst.

(c) May not be renewed.

(Added to NRS by 1997, 3380)

NRS 697.180 Applicationfor license as bail agent, general agent, bail enforcement agent or bailsolicitor. [Effective until the date of the repeal of the federal law requiringeach state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

1. A written application for a license as a bailagent, general agent, bail enforcement agent or bail solicitor must be filedwith the Commissioner by the applicant, accompanied by the applicable fees. Theapplication form must:

(a) Include the social security number of theapplicant;

(b) Be accompanied by a complete set of the applicantsfingerprints which the Commissioner may forward to the Central Repository forNevada Records of Criminal History for submission to the Federal Bureau ofInvestigation for its report; and

(c) Require full answers to questions reasonablynecessary to determine the applicants:

(1) Identity and residence.

(2) Business record or occupations for not lessthan the 2 years immediately preceding the date of the application, with thename and address of each employer, if any.

(3) Prior criminal history, if any.

2. The Commissioner may require the submission of suchother information as may be required to determine the applicantsqualifications for the license for which he applied.

3. The applicant must verify his application. Anapplicant for a license under this chapter shall not knowingly misrepresent orwithhold any fact or information called for in the application form or inconnection therewith.

(Added to NRS by 1971, 1909, A 1981, 1809; 1997,2208, 3386; 1999, 520;2003, 2872)

NRS 697.180 Application for license as bailagent, general agent, bail enforcement agent or bail solicitor. [Effective onthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

1. A written application for a license as a bailagent, general agent, bail enforcement agent or bail solicitor must be filedwith the Commissioner by the applicant, accompanied by the applicable fees. Theapplication form must:

(a) Be accompanied by a complete set of the applicantsfingerprints which the Commissioner may forward to the Central Repository forNevada Records of Criminal History for submission to the Federal Bureau ofInvestigation for its report; and

(b) Require full answers to questions reasonablynecessary to determine the applicants:

(1) Identity and residence.

(2) Business record or occupations for not lessthan the 2 years immediately preceding the date of the application, with thename and address of each employer, if any.

(3) Prior criminal history, if any.

2. The Commissioner may require the submission of suchother information as may be required to determine the applicantsqualifications for the license for which he applied.

3. The applicant must verify his application. Anapplicant for a license under this chapter shall not knowingly misrepresent orwithhold any fact or information called for in the application form or inconnection 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 toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings)

NRS 697.181 Paymentof child support: Statement by applicant for license; grounds for denial oflicense; duty of Commissioner. [Expires by limitation on the date of the repealof the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. A natural person who applies for the issuance orrenewal of a bail agents, general agents, bail enforcement agents or bailsolicitors license shall submit to the Commissioner the statement prescribedby the Division of Welfare and Supportive Services of the Department of Healthand Human Services pursuant to NRS 425.520.The statement must be completed and signed by the applicant.

2. The Commissioner shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the Commissioner.

3. A bail agents, general agents, bail enforcementagents or bail solicitors license may not be issued or renewed by theCommissioner if the applicant is a natural person who:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Commissioner shalladvise the applicant to contact the district attorney or other public agencyenforcing the order to determine the actions that the applicant may take tosatisfy the arrearage.

(Added to NRS by 1997, 2207; A 1999, 520)

NRS 697.182 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation on the date of therepeal of the federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

1. If the Commissioner receives a copy of a courtorder issued pursuant to NRS 425.540that provides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to a person who is the holder of abail agents, general agents, bail enforcement agents or bail solicitorslicense, the Commissioner shall deem the license issued to that person to besuspended at the end of the 30th day after the date on which the court order wasissued unless the Commissioner receives a letter issued to the holder of thelicense by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of thelicense has complied with the subpoena or warrant or has satisfied thearrearage pursuant to NRS 425.560.

2. The Commissioner shall reinstate a bail agents,general agents, bail enforcement agents or bail solicitors license that hasbeen suspended by a district court pursuant to NRS 425.540 if the Commissioner receives aletter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license wassuspended stating that the person whose license was suspended has complied withthe subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2207; A 1999, 520)

NRS 697.183 Applicationfor license as bail agent. An application fora license as a bail agent must be accompanied by:

1. Proof of the completion of a 6-hour course ofinstruction in bail bonds that is:

(a) Offered by a state or national organization of bailagents or another organization that administers training programs for bailagents; and

(b) Approved by the Commissioner.

2. A written appointment by an authorized insurer asagent for bail bonds, subject to the issuance of the license.

3. A letter from a local law enforcement agency in theapplicants county of residence which indicates that the applicant:

(a) Has not been convicted of a felony in this state orof any offense committed in another state which would be a felony if committedin this state; and

(b) Has not been convicted of an offense involvingmoral turpitude or the unlawful use, sale or possession of a controlledsubstance.

(Added to NRS by 1997, 3382)

NRS 697.184 Applicationfor license as general agent.

1. An application for a license as a general agentmust be accompanied by:

(a) Proof of the completion of a 6-hour course ofinstruction in bail bonds that is:

(1) Offered by a state or national organizationof bail agents or another organization that administers training programs forgeneral agents; and

(2) Approved by the Commissioner.

(b) A written appointment by an authorized insurer asgeneral agent, subject to the issuance of the license.

(c) A letter from a local law enforcement agency in theapplicants county of residence which indicates that the applicant:

(1) Has not been convicted of a felony in thisstate or of any offense committed in another state which would be a felony ifcommitted in this state; and

(2) Has not been convicted of an offenseinvolving moral turpitude or the unlawful use, sale or possession of acontrolled substance.

(d) A copy of the contract or agreement that authorizesthe 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 agentis a firm or corporation, the application must include the names of themembers, officers and directors and designate each natural person who is toexercise the authority granted by the license. Each person so designated mustfurnish information about himself as though the application were for anindividual license.

(Added to NRS by 1997, 3382; A 1999, 2819)

NRS 697.185 Applicationfor license as bail solicitor. An applicationfor a license as a bail solicitor must be accompanied by:

1. Proof of the completion of a 6-hour course ofinstruction in bail bonds that is:

(a) Offered by a state or national organization of bailagents or another organization that administers training programs for bailsolicitors; and

(b) Approved by the Commissioner.

2. An appointment by a licensed bail agent and astatement by the agent that he will exercise reasonable supervision over theconduct of the applicant and be responsible for the applicants conduct in thebail bond business.

3. A letter from a local law enforcement agency in theapplicants county of residence which indicates that the applicant:

(a) Has not been convicted of a felony in this state orof any offense committed in another state which would be a felony if committedin this state; and

(b) Has not been convicted of an offense involvingmoral turpitude or the unlawful use, sale or possession of a controlledsubstance.

(Added to NRS by 1997, 3382)

NRS 697.186 Applicationfor license as bail enforcement agent. An applicationfor a license as a bail enforcement agent must be accompanied by:

1. Proof of compliance with the requirements set forthin NRS 697.173.

2. A letter from a local law enforcement agency in theapplicants county of residence which indicates that the applicant:

(a) Has not been convicted of a felony in this state orof any offense committed in another state which would be a felony if committedin this state; and

(b) Has not been convicted of an offense involvingmoral turpitude or the unlawful use, sale or possession of a controlledsubstance.

(Added to NRS by 1997, 3383)

NRS 697.188 Renewalof license as general agent, bail agent or bail solicitor. A person who is licensed as a general agent, bail agent orbail solicitor on October 1, 1997, is entitled to renew his license after thatdate if he is otherwise qualified to be issued such a license and submits tothe Commissioner a letter from a local law enforcement agency in his county ofresidence which indicates that he:

1. Has not, on or after October 1, 1997, beenconvicted of a felony in this state or of any offense committed in anotherstate which would be a felony if committed in this state; and

2. Has not, on or after October 1, 1997, beenconvicted of an offense involving moral turpitude or the unlawful use, sale orpossession of a controlled substance.

(Added to NRS by 1997, 3383)

NRS 697.190 Bonds.

1. Each applicant for a license as a bail agent, bailsolicitor or general agent must file with the application, and thereaftermaintain in force while so licensed, a bond in favor of the people of the Stateof Nevada executed by an authorized surety insurer. The bond may be continuousin 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 accountingand payment to the person entitled thereto of money, property or other matterscoming into the licensees possession through bail bond transactions under thelicense.

3. The bond must remain in force until released by theCommissioner, or cancelled by the surety. Without prejudice to any liabilitypreviously incurred under the bond, the surety may cancel the bond upon 30days advance written notice to the licensee and the Commissioner.

(Added to NRS by 1971, 1910; A 1991, 1017; 1997,3386; 1999, 2819)

NRS 697.200 Examinationfor license as bail agent, bail enforcement agent or bail solicitor.

1. Any natural person whointends to apply for a license as a bail agent, bail enforcement agent or bailsolicitor must personally take and pass a written examination of his competenceto act as such. After passing the examination, the person may apply to theCommissioner for such a license.

2. The scope of theexamination must be as broad as the bail bond business.

3. The examination must beadministered by the Commissioner or an entity approved by the Commissioner.

(Added to NRS by 1971, 1910; A 1981, 1810; 1997,3387)

NRS 697.205 Exemptionfrom examination: Relicensing within 6 months after lapse of license. A bail agent, bail enforcement agent or bail solicitorwhose license lapses is exempt from retaking the examination otherwise requiredunder NRS 697.200 if he applies and isrelicensed within 6 months after the date of lapse.

(Added to NRS by 2001, 2252)

NRS 697.210 Issuanceof license; notice of refusal to issue license; fees not refundable.

1. If the Commissioner finds that the application iscomplete, that the applicant has passed all required examinations and isotherwise qualified for the license applied for, he shall promptly issue thelicense. Otherwise, the Commissioner shall refuse to issue the license andpromptly notify the applicant and the appointing insurer, if the application isfor a bail agents or general agents license, or the employer, if theapplication is for a bail solicitors license, of such refusal, stating thegrounds for the refusal.

2. All fees required to be paid pursuant to thischapter shall be deemed earned when paid and may not be refunded.

(Added to NRS by 1971, 1910; A 1987, 472)

NRS 697.220 Contentsof license.

1. A license must state thename and address of the licensee, the date of issue, general conditionsrelative to expiration or termination, and such other information andconditions as the Commissioner may deem proper and consistent with law.

2. The license of a bailsolicitor must also state the name and address of the bail agent who is theemployer of the bail solicitor.

(Added to NRS by 1971, 1911; A 1997, 3387)

NRS 697.230 Expirationand renewal of license. [Effective until the date of the repeal of the federallaw requiring each state to establish procedures for withholding, suspendingand restricting the professional, occupational and recreational licenses forchild support arrearages and for noncompliance with certain processes relatingto paternity or child support proceedings.]

1. Except as otherwise provided in NRS 697.177, each license issued to a generalagent, bail agent, bail enforcement agent or bail solicitor under this chaptercontinues in force for 3 years unless it is suspended, revoked or otherwiseterminated. A license may be renewed upon payment of the applicable fee forrenewal to the Commissioner on or before the last day of the month in which thelicense is renewable. The fee must be accompanied by:

(a) Proof that the licensee has completed a 3-hourprogram of continuing education that is:

(1) Offered by the authorized surety insurerfrom whom he received his written appointment, if any, a state or nationalorganization of bail agents or another organization that administers trainingprograms for general agents, bail agents, bail enforcement agents or bailsolicitors; and

(2) Approved by the Commissioner;

(b) If the licensee is a natural person, the statementrequired pursuant to NRS 697.181; and

(c) A written request for renewal of the license. Therequest must be made and signed:

(1) By the licensee in the case of the renewalof a license as a general agent, bail enforcement agent or bail agent.

(2) By the bail solicitor and the bail agent whoemploys the solicitor in the case of the renewal of a license as a bailsolicitor.

2. Any license that is not renewed on or before thelast day specified for its renewal expires at midnight on that day. The Commissionermay accept a request for renewal received by him within 30 days after the dateof expiration if the request is accompanied by a fee for renewal of 150 percentof the fee otherwise required and, if the person requesting renewal is anatural person, the statement required pursuant to NRS 697.181.

3. A bail agents license continues in force whilethere is in effect an appointment of him as a bail agent of one or moreauthorized insurers. Upon termination of all the bail agents appointments andhis failure to replace any appointment within 30 days thereafter, his licenseexpires and he shall promptly deliver his license to the Commissioner.

4. The Commissioner shall terminate the license of ageneral agent for a particular insurer upon a written request by the insurer.

5. This section does not apply to temporary licensesissued 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)

NRS 697.230 Expiration and renewal of license.[Effective on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

1. Except as otherwiseprovided in NRS 697.177, each licenseissued to a general agent, bail agent, bail enforcement agent or bail solicitorunder this chapter continues in force for 3 years unless it is suspended,revoked or otherwise terminated. A license may be renewed upon payment of theapplicable fee for renewal to the Commissioner on or before the last day of themonth in which the license is renewable. The fee must be accompanied by:

(a) Proof that the licenseehas completed a 3-hour program of continuing education that is:

(1) Offered by theauthorized surety insurer from whom he received his written appointment, ifany, a state or national organization of bail agents or another organizationthat administers training programs for general agents, bail agents, bailenforcement agents or bail solicitors; and

(2) Approved by theCommissioner; and

(b) A written request forrenewal of the license. The request must be made and signed:

(1) By the licensee inthe case of the renewal of a license as a general agent, bail enforcement agentor bail agent.

(2) By the bailsolicitor and the bail agent who employs the solicitor in the case of therenewal of a license as a bail solicitor.

2. Any license that is notrenewed on or before the last day specified for its renewal expires at midnighton that day. The Commissioner may accept a request for renewal received by himwithin 30 days after the date of expiration if the request is accompanied by afee for renewal of 150 percent of the fee otherwise required.

3. A bail agents licensecontinues in force while there is in effect an appointment of him as a bailagent of one or more authorized insurers. Upon termination of all the bailagents appointments and his failure to replace any appointment within 30 daysthereafter, his license expires and he shall promptly deliver his license tothe Commissioner.

4. The Commissioner shallterminate the license of a general agent for a particular insurer upon awritten request by the insurer.

5. This section does notapply to temporary licenses issued under NRS683A.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 eachstate to establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings)

NRS 697.240 Appointmentof bail agents.

1. Each insurer appointing a bail agent shall filewith the Commissioner a written appointment and pay the applicable fee for theappointment.

2. Each appointment remains in effect until the bailagents license is revoked or otherwise terminated, or there is an earliertermination of the appointment.

3. No insurer may appoint a bail agent whosecontingent liability exceeds an amount equal to 10 times his reserve accountunless the appointment is first approved by the Commissioner.

(Added to NRS by 1971, 1912; A 1979, 1402; 1981,1811)

NRS 697.250 Terminationof appointment.

1. An insurer may terminatean appointment at any time. The insurer shall promptly give written notice oftermination and the effective date thereof to the Commissioner, on formsfurnished by the Commissioner, and to the bail agent if reasonably possible.The Commissioner may require of the insurer reasonable proof that the insurerhas also given such a notice to the agent if reasonably possible.

2. Accompanying each noticeof termination given to the Commissioner, the insurer shall file with him astatement of the cause, if any, for the termination. Any information ordocuments so disclosed to the Commissioner shall be deemed an absolutelyprivileged communication, and the information or documents are not admissibleas evidence in any action or proceedings unless their use as evidence ispermitted by the insurer in writing.

3. A bail agent terminatingthe appointment and license as such of a bail solicitor shall give notice oftermination in the manner prescribed by subsections 1 and 2. Any information ordocuments disclosed to the Commissioner shall be deemed an absolutelyprivileged communication, unless the privilege is waived in writing by the bailagent.

4. No agreement between aninsurer and a bail agent or between an employing bail agent and a licensed bailsolicitor affects the Commissioners termination of the appointment or licenseif the termination is requested by the insurer or the employing bail agent, asthe case may be.

(Added to NRS by 1971, 1912; A 1981, 1812; 1997,3388)

NRS 697.260 Bailsolicitors: Special requirements.

1. A bail solicitor shall not concurrently be employedor licensed as to more than one bail agent.

2. The bail agent is responsible for the acts oromissions of the bail solicitors within the scope of his employment.

3. The bail solicitor shall maintain his office withthat of the bail agent with whom he is employed.

4. The bail solicitors license must remain in thecustody of the bail agent with whom he is employed. Upon termination of suchemployment as a bail solicitor, the bail agent shall give written noticethereof to the Commissioner, as provided in NRS697.250, and deliver the license to the commissioner for cancellation.

(Added to NRS by 1971, 1913; A 1997, 3389)

NRS 697.270 Registrationof bail agents. A bail agent shall not act asan attorney-in-fact for an insurer on an undertaking unless he has registeredin the office of the sheriff and with the clerk of the district court in whichthe 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 ofattorney from each insurer which he represents as agent with each of suchofficers. The bail agent shall register and file a certified copy of renewedpower of attorney annually on July 1. The clerk of the district court and thesheriff shall not permit the registration of a bail agent unless the agent islicensed by the Commissioner.

(Added to NRS by 1971, 1913; A 1997, 3389; 2003, 3335)

NRS 697.280 Bailagent: Place of business; display of licenses and fees charged; retention ofrecords at place of business.

1. Every bail agent shallhave and maintain in this state a place of business accessible to the public,wherein the licensee principally conducts transactions under his license. Theaddress of his principal place of business must appear upon the application fora license and upon the license, when issued, and the licensee shall promptlynotify the Commissioner of any change in that address. This subsection does notprohibit a licensee from conducting business in his residence in this state.

2. The licenses of thelicensee, and those of others employed by him, and the fees charged forservices rendered must be conspicuously displayed in his principal place ofbusiness in a part or area customarily open to the public.

3. The bail agent shall keepat his principal place of business the records required under NRS 697.290.

(Added to NRS by 1971, 1913; A 1997, 3389)

NRS 697.290 Recordsof bail agent. Every bail agent must maintainin his office such records of bail bonds, and such additional information asthe Commissioner may reasonably require, executed or countersigned by him toenable the public to obtain all necessary information concerning the bail bondsfor at least 3 years after the liability of the surety has been terminated. Therecords must be open to examination by the Commissioner or his representativesat all times, and the Commissioner at any time may require the licensee tofurnish to him, in such manner or form as he requires, any information kept orrequired to be kept in the records.

(Added to NRS by 1971, 1913; A 1997, 3389; 2003, 3336)

NRS 697.300 Collectionsand charges permitted.

1. A bail agent shall not, in any bail transaction orin connection therewith, directly or indirectly, charge or collect money orother valuable consideration from any person except for the following purposes:

(a) To pay the premium at the rates established by theinsurer, in accordance with chapter 686B ofNRS, or to pay the charges for the bail bond filed in connection with thetransaction 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 isgreater.

(b) To provide collateral.

(c) To reimburse himself for actual expenses incurredin connection with the transaction. Such expenses are limited to:

(1) Guard fees.

(2) Notary public fees, recording fees, expensesincurred for necessary long distance telephone calls and charges for telegrams.

(3) Travel expenses incurred more than 25 milesfrom the agents principal place of business. Such expenses:

(I) May be billed at the rate provided forstate officers and employees generally; and

(II) May not be charged in areas wherebail agents advertise a local telephone number.

(4) Expenses incurred to verify underwritinginformation.

(5) Any other actual expenditure necessary tothe transaction which is not usually and customarily incurred in connectionwith bail transactions.

(d) To reimburse himself, or have a right of actionagainst the principal or any indemnitor, for actual expenses incurred in goodfaith, by reason of breach by the defendant of any of the terms of the writtenagreement under which and pursuant to which the undertaking of bail or bailbond was written. If there is no written agreement, or an incomplete writing,the surety may, at law, enforce its equitable rights against the principal andhis indemnitors, in exoneration. Such reimbursement or right of action must notexceed the principal sum of the bond or undertaking, plus any reasonable expensesthat may be verified by receipt in a total amount of not more than theprincipal sum of the bond or undertaking, incurred in good faith by the surety,its agents, licensees and employees by reason of the principals breach.

2. This section does not prevent the full andunlimited right of a bail agent to execute undertaking of bail on behalf of anonresident agent of the surety he represents. The licensed resident bail agentis entitled to a minimum countersignature fee of $5, with a maximumcountersignature fee of $100, plus expenses incurred in accordance withparagraphs (c) and (d) of subsection 1. Such countersignature fees may becharged in addition to the premium of the undertaking.

(Added to NRS by 1971, 1914; A 1997, 3390; 2003, 3336)

NRS 697.310 Prohibitedcharges. 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 anycharge for his services in a bail transaction in addition to the premium or thecharge for a bail bond at the rates filed in accordance with the provisions ofthis Code.

(Added to NRS by 1971, 1915; A 1997, 3391)

NRS 697.320 Collateral;limitations on transfer of collateral; fiduciary capacity; requirements forreceiving title to real property as collateral; written receipt for collateral.

1. A bail agent may accept collateral security inconnection with a bail transaction if the collateral security is reasonable inrelation to the face amount of the bond. The bail agent shall not transfer thecollateral to any person other than a bail agent licensed pursuant to thischapter or a surety insurer holding a valid certificate of authority issued bythe Commissioner. The collateral must not be transported or otherwise removedfrom this state. Any person who receives the collateral:

(a) Shall be deemed to hold the collateral in afiduciary capacity to the same extent as a bail agent; and

(b) Shall retain, return and otherwise possess thecollateral in accordance with the provisions of this chapter.

2. The collateral security must be received by thebail agent in his fiduciary capacity, and before any forfeiture of bail must bekept separate and apart from any other funds or assets of the licensee. Anycollateral received must be returned to the person who deposited it with thebail 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 allfees owed to the bail agent have been paid. The bail agent or any suretyinsurer having custody of the collateral shall, immediately after the bailagent or surety insurer receives a request for return of the collateral fromthe person who deposited the collateral, determine whether the bail agent orsurety insurer has received notice that the obligation is discharged. If thecollateral is deposited to secure the obligation of a bond, it must be returnedimmediately after receipt of the request for return of the collateral andnotice of the entry of any order by an authorized official by virtue of whichliability under the bond is terminated or upon payment of all fees owed to thebail agent, whichever is later. A certified copy of the minute order from thecourt wherein the bail or undertaking was ordered exonerated shall be deemedprima facie evidence of exoneration or termination of liability.

3. If a bail agent receives as collateral in a bailtransaction, whether on his or another persons behalf, any document conveyingtitle to real property, the bail agent shall not accept the document unless itindicates on its face that it is executed as part of a security transaction. Ifthe document is recorded, the bail agent or any surety insurer havingpossession of the document shall, immediately after the bail agent or suretyinsurer receives a request for return of the collateral from the person who executedthe document:

(a) Determine whether the bail agent or surety insurerhas received notice that the obligation for which the document was accepted isdischarged; and

(b) If the obligation has been discharged, reconvey thereal property by delivering a deed or other document of conveyance to theperson or to his heirs, legal representative or successor in interest. The deedor other document of conveyance must be prepared in such a manner that it maybe recorded.

4. If the amount of any collateral received in a bailtransaction exceeds the amount of any bail forfeited by the defendant for whomthe collateral was accepted, the bail agent or any surety insurer havingcustody of the collateral shall, immediately after the bail is forfeited,return to the person who deposited the collateral the amount by which thecollateral exceeds the amount of the bail forfeited. Any collateral returned toa 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 awritten receipt for the collateral. The receipt must include in detail a fullaccount of the collateral received.

(Added to NRS by 1971, 1915; A 1997, 3391; 2003, 3337)

NRS 697.325 Noticeto local law enforcement agency when defendant apprehended; notice to local lawenforcement agency before forcible entrance of inhabited dwelling; penalty.

1. After apprehending a defendant in this state, abail agent or bail enforcement agent shall immediately or without undue delaynotify in person or by telephone the local law enforcement agency of thejurisdiction in which the defendant was apprehended of:

(a) The identity of the defendant;

(b) The identity of the bail agent or bail enforcementagent; and

(c) Where the bail agent or bail enforcement agent istaking the defendant to surrender him into custody.

2. Before forcibly entering an inhabited dwelling inthis state, a bail agent or bail enforcement agent shall notify the local lawenforcement agency of the jurisdiction in which the dwelling is located.

3. A bail agent or bail enforcement agent who violatesthe provisions of this section is guilty of a misdemeanor.

4. As used in this section, inhabited dwelling meansany structure, building, house, room, apartment, tenement, tent, conveyance,vessel, boat, vehicle, house trailer, travel trailer, motor home or railroadcar in which the owner or other lawful occupant resides.

(Added to NRS by 1999, 188)

NRS 697.330 Surrenderof defendant to custody; return of premiums. Ifa bail agent or bail solicitor, without good cause, surrenders a defendant tocustody before the time specified in the undertaking of bail or the bail bondfor the appearance of the defendant, or before any other occasion where thepresence of the defendant in court is lawfully required, the premium isreturnable in full.

(Added to NRS by 1971, 1915; A 1997, 3391)

NRS 697.340 Prohibitedacts; persons who may not be bail agents, bail enforcement agents or bailsolicitors.

1. A bail agent, generalagent or bail solicitor shall not:

(a) Suggest or advise theemployment of or name for employment any particular attorney to represent hisprincipal.

(b) Solicit business in orabout any place where prisoners are confined or in or about any court.

(c) Pay a fee or rebate orgive or promise anything of value to any person in order to secure asettlement, compromise, remission or reduction of the amount of any undertakingor bail bond.

(d) Pay a fee or rebate orgive anything of value to an attorney in bail bond matters, except for legalservices actually rendered.

(e) Pay a fee or rebate orgive or promise anything of value to the principal or anyone in his behalf.

(f) Participate in thecapacity of an attorney at a trial or hearing of a person on whose bond he issurety, except for the purposes of surrendering the defendant, making motionsto set aside orders of bail forfeitures and motions to exonerate bails andprotecting his financial interest in such a bond.

2. The following persons maynot be bail agents, bail enforcement agents or bail solicitors and shall not,directly or indirectly, receive any benefits from the execution of any bailbond:

(a) Jailers;

(b) Police officers;

(c) Justices of the peace;

(d) Municipal judges;

(e) Sheriffs, deputy sheriffsand constables;

(f) Any person having thepower to arrest or having anything to do with the control of federal, state,county or municipal prisoners; and

(g) Trustees or prisonersincarcerated in any jail, prison or any other place used for the incarcerationof persons.

3. A bail agent shall notsign or countersign in blank any bond, or give the power of attorney to, orotherwise authorize, anyone to countersign his name to bonds unless the personso authorized is a licensed agent directly employed by the agent giving thepower of attorney.

4. A bail agent, bailenforcement agent, bail solicitor or general agent shall not advertise or holdhimself out to be a surety insurance company.

(Added to NRS by 1971, 1915; A 1983, 906; 1997, 3391)

NRS 697.350 Justificationof suretyship. A bail agent shall justify hissuretyship by attaching a copy of the power of attorney issued to him by thesurety insurer to each bond.

(Added to NRS by 1971, 1916; A 1971, 1958; 1979,1402; 1997, 3392)

NRS 697.360 Applicabilityof other provisions. Licensed bail agents,bail solicitors and bail enforcement agents, and general agents are alsosubject to the following provisions of this Code, to the extent reasonablyapplicable:

1. Chapter 679A ofNRS.

2. Chapter 679B ofNRS.

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.010to 686A.310, inclusive.

(Added to NRS by 1971, 1916; A 1997, 3392; 2001, 2254; 2003, 3338)

NRS 697.370 Penalties.

1. The Commissioner may inform the appropriatedistrict attorney of any violation of any provision of this chapter.

2. In addition to any other penalty provided in thischapter any person violating any provision of this chapter is guilty of amisdemeanor.

(Added to NRS by 1971, 1917)

 

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