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2054. Definitions; Application of Insurance Code

Insofar as they are applicable, the definitions contained in the General Provisions and in Chapter 7, Part 2, Division 1 of the Insurance Code are applicable to this article.

2054.1. “Bail License"; “Bail Licensee"; Terms Defined

As used in this article “bail license" includes all licenses specified in Section 1801 of the Insurance Code and “bail licensee" the holders thereof whether on a permanent or temporary basis and whether as individuals or as members of a partnership.

2054.2. “Bail Agent" or “Permittee" Includes Copartners

Whenever the term “bail agent” or “permittee" is used in this article, such term includes the members of a partnership of bad [bail] agents or permittees if applicable.

2054.3. “Bail"; “Transaction of Bail"; Terms Defined

As used in this article “bail" or “transaction of bail" includes “undertakings of bail and bail bond" as that term is defined in Insurance Code Section 1800.4, including the activities in respect to execution or delivery of undertakings of bail of any person, whether designated “general agent" or otherwise, who conducts, or supervises the conduct of bail business pursuant to contract with a surety insurer.

2054.4. Payment of Commissions; Unlawful Rebates; Prohibited

No person may receive commission on bail or the transaction of bail as defined in Section 2054.3 unless he holds a bail license as defined in Section 2054.1. No bail licensee shall pay or allow in any manner, directly or indirectly, to any person who is not also a bail licensee any commission or other valuable consideration on or in connection with a bail transaction. This section shall not prohibit payments by a bail licensee to an unlicensed person of charges such person for services of the kind specified in Section 2081(c) and (d).

2054.5. “Arrestee" Defined

As used in this article “arrestee" means any person actually detained or subject to detention in custody whose release may lawfully be effected by bail.

2054.6. Notices; Time for Filing

Whenever any provision of this article requires that notice be given to or that filing be made with the commissioner a specified period of time before a matter may lawfully be used or an event lawfully occur, such period of time may be reduced by the commissioner at the request of the licensee if good cause is shown therefor.

2054.7. Notice of Noncompliance; Request and Hearing

Whenever pursuant to any provision of this article the commissioner gives notice to any person that such person may not establish a particular relationship or perform a particular act, such person shall upon written request therefor filed within 10 days of said notice be granted within 60 days following the date of such notice on the issues of noncompliance specified in such notice. Whenever pursuant to the provisions of this article the commissioner gives notice to any person to discontinue within a specified time a particular established relationship or the performance of a particular act, such person shall upon written request therefor filed within 10 days of said notice be granted a hearing on the issues of noncompliance specified in such notice which shall big held at least 10 days prior to the date specified in the notice as the date such person shall discontinue the relationship or the act.


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