R590-186-6. Unprofessional Conduct

  Persons in the bail bond business may not engage in unprofessional conduct. Unprofessional conduct means the violation of any applicable insurance law, rule or valid order of the commissioner, or the commission of any of the following acts:

  (1) having a professional or occupational license revoked in this or any other state;

  (2) being involved in any transaction which shows unfitness to act in a fiduciary capacity;

  (3) willfully misstating or negligently reporting any material fact in the initial or renewal application or procuring a misstatement in the documents supporting the initial or renewal application;

  (4) being the subject of any outstanding civil judgment which would reduce the bail bond agency's net worth below the minimum required for licensure;

  (5) being convicted of any felony or of any misdemeanor that involves the misappropriation of money or property, dishonesty or perjury;

  (6) failing to report any collateral taken as security on any bond to the principal, indemnitor, or depositor of such collateral;

  (7) failing to preserve, or to retain separately, or both, any collateral taken as security on any bond;

  (8) failing to return collateral taken as security on any bond to the depositor of such collateral, or the depositor's designee, within ten business days of having been notified of the exoneration of the bond or upon payment of all fees owed to the bail bond agent, whichever is later;

  (9) failing to advise the commissioner of any change that has reduced the bail bond agency's net worth below the minimum required for licensure;

  (10) using a relationship with any person employed by a jail facility or incarcerated in a jail facility to obtain bonding referrals;

  (11) offering consideration or gratuities to jail personnel or peace officers or inmates under any circumstances which would permit the inference that said consideration was offered to induce bonding referrals or recommendations;

  (12) failing to deliver to the incarcerated person, or the person arranging bail on behalf of the incarcerated person, prior to the time the incarcerated person is released from jail, a one page disclosure form which at a minimum includes:

  (a) the amount of the bail;

  (b) the amount of the bail bond agency's fee, including bail bond premium, preparation fees, and credit transaction fees;

  (c) the additional collateral, if any, that will be held by the bail bond agency;

  (d) the incarcerated person's obligations to the bail bond agency and the court;

  (e) the conditions upon which the bond may be revoked;

  (f) any additional charges or interest that may accrue;

  (g) any co-signors or indemnitors that will be required; and

  (h) the conditions under which the bond may be exonerated and the collateral returned.

  (13) using an unlicensed bail bond agent or unlicensed bail bond enforcement agent;

  (14) using a bail bond agent not contracted and appointed by a bail bond agency or surety insurer;

  (15) charging excessive or unauthorized premiums, excessive fees or other unauthorized charges;

  (16) requiring unreasonable collateral security;

  (17) failing to provide an itemized statement of all expenses deducted from collateral, if any;

  (18) requiring as a condition of executing a bail bond that the bond purchaser agree to engage the services of a specified attorney;

  (19) preparing or issuing fraudulent or forged bonds or power of attorney;

  (20) signing, executing, or issuing bonds by an unlicensed person;

  (21) executing bonds without countersignature by a licensed bail bond producer at time of issue;

  (22) failing to account for and to pay any premiums held by the licensee in a fiduciary capacity to the bail bond agency, surety insurer, or other person who is entitled to receive them;

  (23) knowingly violating, advising, encouraging, or assisting the violation of any statute, court order, or injunction in the course of a business regulated under Title 31A, Chapter 35;

  (24) conviction of felony involving illegally using, carrying, or possessing a dangerous weapon;

  (25) conviction of any act of personal violence or force against any person or conviction of threatening to commit any act of personal violence or force against any person, including but not limited to violent felonies as defined under Section 76-3-203.5;

  (26) soliciting sexual favors as a condition of obtaining, maintaining, or exonerating bail bond, regardless of the identity of the person who performs the favors;

  (27) acting as an unlicensed bail bond enforcement agent;

  (28) failing to comply with outstanding judgments; and

  (29) using deceptive or intimidating practices.