§ 31A-35-607. Filing of forms -- Commissioner maintains files.

(1)

(a) In accordance with Section 31A-21-201, only a bail bond surety company that meets the financial capacity requirements through the use of a letter of credit, personal property, or real property, or a surety insurer shall file with the commissioner a copy of each form the bail bond surety company or surety insurer uses in the bail bond surety business.

(b) A surety insurer filing shall comply with the following:

(i) a form shall be identified by a unique form number;

(ii) the surety insurer shall file a form on behalf of each bail bond surety company appointed to write on behalf of the surety insurer;

(iii) once a filing is filed with the commissioner, it is the responsibility of the surety insurer to verify that the bail bond surety company and its producers are using the correct form;

(iv) a bail bond surety company and its producers are prohibited from using a form that has not been filed by the surety insurer; and

(v) a bail bond surety company and its producers are prohibited from making changes to a form that is filed by the surety insurer.

(c) A bail bond surety company filing, for a bail bond surety company that meets the financial capacity requirements through the use of a letter of credit, personal property, or real estate, shall comply with the following:

(i) a form shall be identified by a unique form number;

(ii) once a filing is filed with the commissioner, it is the responsibility of the bail bond surety company to verify that its producers are using the correct form;

(iii) a bail bond producer is prohibited from using a form that has not been filed by the bail bond surety company; and

(iv) a bail bond producer is prohibited from making changes to a form that is filed by the bail bond surety company.

(2) A form described in Subsection (1) shall be filed 30 days before the form:

(a) is first used by the bail bond surety company or surety insurer; and

(b) is changed after it is filed under Subsection (2)(a).

(3)

(a) The commissioner shall maintain and make available for public inspection a file regarding each bail bond surety company and each surety insurer.

(b) A bail bond surety company and surety insurer shall maintain a form required to be filed under this section in the office of the bail bond surety company or surety insurer.

Amended by Chapter 253, 2012 General Session