§ 31A-35-503. Disciplinary action -- Hearing -- Appeal.

(1) Based on information the commissioner receives during a hearing described in Section 31A-35-502 regarding a person licensed as a bail bond surety company or bail bond producer, the commissioner may:

(a) dismiss the complaint if the commissioner finds it is without merit;

(b) fix a period and terms of probation best adopted to educate the person;

(c) place the license on suspension for a period of not more than 12 months; or

(d) revoke the license.

(2) The commissioner shall advise the person described in Subsection (1) in writing of:

(a) the commissioner's findings based on the hearing; and

(b) the person's rights of appeal under this chapter.

(3)

(a) Unless the conditions of Subsection (3)(b) are met, if a bail bond surety company license is suspended or revoked under this chapter, a member, employee, officer, or director of that corporation may not:

(i) be licensed as a bail bond surety company or bail bond producer; or

(ii) be designated in any license to exercise authority under this chapter during the period of the suspension or revocation.

(b) Subsection (3)(a) does not apply if the commissioner determines upon substantial evidence that the member, employee, officer, or director:

(i) was not personally at fault; and

(ii) did not acquiesce in the matter on account of which the license was suspended or revoked.

Amended by Chapter 298, 2003 General Session