6VAC20-250-240. General requirements.
All bail bondsman are required to maintain administrative requirements and standards of conduct as determined by the Code of Virginia, department guidelines and this regulation.
Statutory Authority
§ 9.1-185.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.
6VAC20-250-250. Professional conduct standards; grounds for disciplinary actions.
A. Any violations of the restrictions or standards under this statute shall be grounds for placing on probation, refusal to issue or renew, sanctioning, suspension or revocation of the bail bondsman's license. A licensed bail bondsman is responsible for ensuring that his employees, partners and persons contracted to perform services for or on behalf of the bonding business comply with all of these provisions, and do not violate any of the restrictions that apply to bail bondsmen. Violations by a bondsman's employee, partner, or agent may be grounds for disciplinary action against the bondsman, including probation, suspension or revocation of license. Upon notification from the State Corporation Commission of a license suspension, the department shall immediately suspend a surety bondsman's license, pending the results of an investigation.
B. A licensed bail bondsman shall not:
1. Knowingly commit, or be a party to, any material fraud, misrepresentation, concealment, conspiracy, collusion, forgery, scheme or device whereby any other person lawfully relies upon the word, representation, or conduct of the bail bondsman.
2. Solicit sexual favors or extort additional consideration as a condition of obtaining, maintaining, or exonerating bail bond, regardless of the identity of the person who performs the favors.
3. Conduct a bail bond transaction that demonstrates bad faith, dishonesty, coercion, incompetence, extortion or untrustworthiness.
4. Coerce, suggest, aid and abet, offer promise of favor, or threaten any person on whose bond he is surety or offers to become surety, to induce that person to commit any crime.
5. Give or receive, directly or indirectly, any gift of any kind to any nonelected public official or any employee of a governmental agency involved with the administration of justice, including but not limited to law-enforcement personnel, magistrates, judges, and jail employees, as well as attorneys. De minimis gifts, not to exceed $50 per year per recipient, are acceptable, provided the purpose of the gift is not to directly solicit business, or would otherwise be a violation of board regulations or the laws of the Commonwealth.
6. Fail to comply with any of the statutory or regulatory requirements governing licensed bail bondsmen.
7. Fail to cooperate with any investigation by the department.
8. Fail to comply with any subpoena issued by the department.
9. Provide materially incorrect, misleading, incomplete or untrue information in a license application, renewal application, or any other document filed with the department.
10. Provide bail for any person if he is also an attorney representing that person.
11. Provide bail for any person if the bondsman was initially involved in the arrest of that person.
C. A licensed bail bondsman shall ensure that each recognizance on all bonds for which he signs shall contain his name, license number and contact information.
D. A surety bail bondsman shall in addition ensure that each recognizance for which he signs contains the contact information for both the surety agent and the registered agent of the issuing company.
E. An administrative fee may be charged by a bail bondsman, not to exceed reasonable costs and must be disclosed in writing. Reasonable costs may include, but are not limited to, travel, court time, recovery fees, phone expenses, administrative overhead and postage.
F. A property bail bondsman shall not enter into any bond if the aggregate of the penalty of such bond and all other bonds, on which he has not been released from liability, is in excess of four times the true market value of the equity in his real estate, cash or certificates of deposit issued by a federally insured institution, or any combination thereof.
G. A property bail bondsman or his agent shall not refuse to cover any forfeiture of bond against him or refuse to pay such forfeiture after notice and final order of the court.
H. A surety bail bondsman shall not refuse to cover any forfeiture of bond against him or refuse to pay such forfeiture after notice and final order of the court.
I. A surety bail bondsman shall not write bail bonds on any qualifying power of attorney for which a copy has not been filed with the department.
J. A surety bail bondsman shall not violate any of the statutes or regulations that govern insurance agents.
K. A licensed bail bondsman shall disclose in writing to the indemnitor if the bail bondsman has the knowledge that the bailee is being held in multiple jurisdictions.
L. A licensed bail bondsman shall not violate any provision specified in protective orders served on a potential bailee pursuant to § 16.1-253.1 of the Code of Virginia.
M. A licensed bail bondsman shall not charge a bail bond premium less than 10% or more than 15% of the amount of the bond. A licensed bail bondsman shall not loan money with interest for the purpose of helping another obtain a bail bond.
For the purpose of this subsection, "bail bond premium" means the amount of money paid to a licensed bail bondsman for the execution of a bail bond.
N. A licensed bail bondsman who has been arrested for a felony offense shall not issue any new bonds pending the outcome of the investigation by the department.
Statutory Authority
§§ 9.1-102 and 9.1-185.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008; Errata, 24:25 VA.R. 3686 August 18, 2008; amended, Virginia Register Volume 31, Issue 23, eff. August 12, 2015.
6VAC20-250-260. Solicitation of business; standards, restrictions and requirements.
A. Only licensed bail bondsmen shall be authorized to solicit bail bond business in the Commonwealth.
B. A licensed bail bondsman shall not:
1. Solicit bail bond business or have any person solicit on his behalf by directly initiating contact with any person in any court, jail, lock-up, or surrounding government property.
2. Leave any type of advertising material in any court, jail, lock-up or surrounding government property.
3. Loiter by any jail or magistrate's office unless there on legitimate business.
4. Refer a client or a principal for whom he has posted bond to an attorney for financial profit or other consideration.
Statutory Authority
§ 9.1-185.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.
6VAC20-250-270. Recovery of bailees; methods of capture; standards and requirements; limitations.
A. During the recovery of a bailee, a bail bondsman shall have a copy of the relevant recognizance for the bailee. In the event a bail bondsman is recovering the bailee of another bondsman, he shall also have written authorization from the bailee's bondsman obtained prior to affecting the capture. The department shall develop the written authorization form to be used in such circumstances.
B. A bail bondsmen shall not enter a residential structure without first verbally notifying the occupants who are present at the time of the entry.
C. Absent exigent circumstances, a bail bondsman shall give prior notification of at least 24 hours to local law enforcement or state police of the intent to apprehend a bailee. In all cases, a bail bondsman shall inform local law enforcement within 30 minutes of capturing a bailee.
D. A bail bondsman shall not break any laws of the Commonwealth in the act of apprehending a bailee.
E. A bail bondsman shall adhere to the recovery requirements pursuant to § 19.2-149 of the Code of Virginia.
F. A bail bondsman must complete and maintain the information on the recovery of a bailee on a form prescribed by the department.
Statutory Authority
§ 9.1-185.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.
6VAC20-250-280. Collateral received in the course of business; standards and requirements.
A. A licensed bail bondsman shall be permitted to accept collateral security or other indemnity from the principal, which shall be returned upon final termination of liability on the bond, including the conclusion of all appeals or appeal periods. Such collateral security or other indemnity required by the bail bondsman shall be reasonable in relation to the amount of the bond.
B. When a bondsman accepts collateral, he shall give a written receipt to the depositor. The receipt shall provide a full description of the collateral received and the terms of redemption or forfeiture. The receipt shall also include the depositor's name and contact information.
C. Any bail bondsman who receives collateral in connection with a bail transaction shall receive such collateral in a fiduciary capacity, and prior to any forfeiture of bail shall keep it separate and apart from any other funds or assets of such bail bondsman. In the event a bondsman receives collateral in the nature of a tangible good, it shall be a per se violation of the bail bondsman's fiduciary duty to make personal use of any such collateral unless there is a proper forfeiture of bail.
D. Any collateral received shall be returned with all due diligence to the person who deposited it with the bail bondsman or any assignee other than the bail bondsman as soon as the obligation is discharged and all fees owed to the bail bondsman have been paid. In any event, after a specific request for the return of the collateral by the depositor, the collateral shall be returned within 15 days after all fees owed have been paid.
Statutory Authority
§ 9.1-185.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.
6VAC20-250-290. Uniforms and identification; standards and restrictions.
A. A bail bondsman shall not wear, carry, or display any uniform, badge, shield, or other insignia or emblem that implies he is an agent of state, local, or federal government.
B. A bail bondsman shall wear or display only identification issued by or whose design has been approved by the department.
1. A bail bondsman is required to visibly display the photo identification license issued by the department while on legitimate bail bonding business on government property.
2. A bail bondsman may display an insignia or emblem that identifies his name and name of his company on the front of his shirt or outermost wear while on government property as long as the insignia or emblem is no larger then 3 x 5 inches in its entirety.
Statutory Authority
§ 9.1-185.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.