California Title 10 Bail Regulations
California Title 10 Bail Law - CONDUCT OF BAIL LICENSEES PDF Print E-mail
Article Index
California Title 10 Bail Law
License Regulations
TRANSACTION OF BAIL THROUGH PARTNERSHIPS AND EMPLOYEES
CONDUCT OF BAIL LICENSEES
CONDUCT OF BAIL LICENSEES (cont)
Soliciting of Bail
Bail Collection and Charges Permitted
Bail Collateral
BAIL FILINGS AND RECORDS
All Pages
Page 4 of 9

CONDUCT OF BAIL LICENSEES

2064. Bail Licensees; Capacity and Conduct

Every bail licensee shall conduct his business in such a manner that the public and those dealing with him shall be aware of the capacity in which he is acting, and if he transacts bail both as an employee and as an individual or in any other dual capacity, each such transaction shall be so conducted that the public and those dealing with him shall not be confused as to the capacity in which he acts.

2065. Business in Specified Capacities Only and Notices

Every bail agent or permittee shall conduct his bail business:

(a) As an individual;
(b) As a member of a partnership as provided in Section 2061;
(c) As an employee of another bail agent or permittee as provided in

Section 2062;

(d)
As the temporary associate of another bail agent or permittee in the joint transaction of bail if such temporary association is limited to a single transaction or to a series of related transactions;
(e)
As the temporary conductor of the bail business of another bail a period of his temporary absence; or
(f)
In any other lawful manner provided written notice is filed with the commissioner by the bail licensee at least 10 days prior to his so conducting his bail business setting forth full details of the manner in which the business will be conducted and the names of all persons, if any, to associated with him. If prior to the expiration of such 10-day period the commissioner gives notice to such bail licensee specifying wherein the intended conduct of the business would be contrary to any provision of this article or any law relating to bail, such bail licensee shall not so conduct his business. If after such 10-day period the commissioner gives notice to such bail licensee specifying wherein the continued conduct of his bail business would be contrary to any provision of this article or any law relating to bail, he shall discontinue to so conduct his business within such reasonable time as the commissioner may prescribe.

2066. Business in Own Name

Except as provided in Section 1724.5 of the Insurance Code and the commissioner's regulations promulgated thereunder (Sections 2050 and following of Title 10 of the California Administrative Code) and Sections 2066.2, 2066.3, 2066.4 hereof, every bail licensee shall do business in his own name.

2066.1. Using Employer's Name

Every bail agent and permittee employed by another bail agent or permittee pursuant to Section 2062 and acting as such and every bail solicitor shall do business only in the natural name or fictitious name, if any, of his employer.

2066.2. Using Predecessor's Name

The permission under Section 1724.5 of the Insurance Code to use a predecessor's name in case a bail agent or permittee purchases or succeeds to the bail business of another bail agent or permittee is applicable only where the business so purchased or succeeded to was a bona fide business which the predecessor or predecessors had actively conducted as a bail business for at least 5 consecutive years.

2066.3. Fictitious Names; Filing, Similar Names

Prior to its use, a fictitious name or style must be:

(a)
Filed with and approved by the commissioner in writing
(b)
Filed with the county clerk of all counties in which user thereof maintains an office for the transaction of bail or in which he contemplates the active solicitation of bail under such fictitious name or style.
(c)
Worded in compliance with the requirements of Section 1724.5 of the Insurance Code and the regulations of the commissioner promulgated under authority thereof (Sections 2050 and following of Title 10 of the California Administrative Code).

2066.4. Disapproval of Fictitious Name

If the commissioner gives notice to a bail agent or permittee specifying wherein the continued use of a fictitious name would be in violation of any of the provisions of the Insurance Code or this Article, such bail agent or permittee shall discontinue the use of such fictitious name subject to such extension of time as the commissioner may prescribe pursuant to the provisions of Section 1724.5 of the Insurance Code.

2066.5. Advertising of Fictitious Names

All advertising or telephone listings in the yellow pages of telephone directories shall contain the true name of the licensee(s) who owns it with equal prominence with that of the fictitious name, so that there will be no indication that another separate business exists when in fact, the ownership is the same.

2067. Misrepresenting Capacity, Authority

No bail licensee shall directly or indirectly represent that he is a fidelity or surety insurer or that he has the authority or powers of a bail permittee, bail agent or bail solicitor unless he is licensed as such nor shall he misrepresent his authority or power to act on behalf of a surety insurer; nor shall he advertise his bail business in the yellow pages of the telephone directory under “Surety" or “Fidelity."

2068. Transactions by Unlicensed Persons; Prohibitions

No bail licensee shall directly or indirectly permit any person on his behalf to solicit or negotiate undertakings of bail or bail bonds or to effect undertakings of bail or to issue or deliver bail bonds unless such person is properly licensed by the commissioner to perform such acts, even though such person acts in a purely mechanical or ministerial manner or renders his services gratuitously. This section shall not prevent a bail agent or permittee from suing [using] the mail, or any messenger or delivery generally, to file executed undertakings of bail or deliver bail bonds, nor shall it prevent such filing or such delivery by the attorney or other agent of the arrestee. No person in the employment of the licensee shall act as an agent of the arrestee in the performance of any of the acts specified herein.

2069. Confidential Communications; Information

No bail licensee shall disclose or reveal any information coming into his possession or to his knowledge concerning an impending arrest or detention of a person by a law enforcing agency, except in accordance with the lawful inquiry of a law enforcement or judicial officer, unless such information is a matter of public record or knowledge.

2070. Agreements for Bail Before Arrest; Prohibited

No bail licensee shall enter into an agreement or arrangement with any person, which agreement or arrangement has for its purpose the guaranteeing or assuring such person or any other person in advance of the commission of any offense that bail will be furnished to such person or any other person when and if such person or any other person is arrested, nor shall any bail licensee perform any act which will encourage any person to violate the law.