2094. Filing Schedule of Charges

Every bail permittee shall file with the commissioner a schedule of charges to be made for bail. He shall also file with the commissioner any change in such charges at least five days prior to the effective date thereof. Such charges and changes so filed are public records.

2095. Filings; Necessary Notices

Every bail licensee shall promptly file with the commissioner the following:

(a) If conducting business as a partnership pursuant to Section 2061, the written statement required by Section 2061.2 and any modification thereof.

(b)

If the relationship of a bail agent or permittee employed by another bail agent or permittee or a partnership of bail agents or permittees exists as set forth in Section 2062:

(1)

The written statement to the commissioner required by Section 2062.2;

(2)

The written notice of any change as required by Section 2062.2 (d).

(c)

The written notice required by Section 2065 (f) if applicable to such licensee.

(d)

The written notice required by Section 2066.4 (a) of any fictitious name or style used pursuant to Section 2066.4.

(e)

A written notice of any changes made in any of the licensee's business addresses.

(f)

A complete list of all persons employed by the licensee who aid him in any way in the conduct of his bail business setting forth for each employee the full name, duties and basis of compensation, and if such compensation is to be over $1,000 per month the amount thereof.

(g)

A notice containing the same information as that required by (f) above for each new employee.

(h)

A notice of termination of the employment of any employee and, if the reason therefor was any act or conduct by the employee which would in the opinion of the employer indicate an unfitness to transact bail, a full statement of such reason.

(I)

A notice within 10 days after service upon him of the filing of:

(1)

Any criminal suit;

(2)

Any action at law against him or of any judgment against him which arises out of his transaction of the bail business or the transaction of bail.

(j)

A written notice within five days after making any arrangement of any kind to obtain money, securities or other assets to use directly or indirectly in the bail business, giving the name of the person with whom such arrangements have been made, the amount of money or value of other assets involved, the date of the transaction and the details of the arrangement.

(k) A copy, or a reference to copies already filed and which he will use, of all forms or documents which the licensee intends to use regularly or frequently in connection with his bail transactions, including:

(1)

The document to be delivered to the arrestee or other person containing the information required by Section 2083;

(2)

The form of any receipt for or agreement relating to collateral used pursuant to Section 2083 (m);

(3)

The document to be delivered to the arrestee or other person containing the information required by Section 2083.5;

2096. Improper Forms; Notice

If the commissioner finds that any form or document, the filing of which is required by Section 2095 (k), is misleading or contrary to any provision of this article or any law relating to bail, he shall notify the bail licensee specifying wherein such form or document is misleading or contrary to any provision of this article or any law relating to bail. Thereafter such bail licensee may not use such form or document. If such notification is not given to such licensee within 30 days after the filing of such form or document, the commissioner shall prescribe a reasonable time after which such form or document may not be used.

2097. Documents; Retention of Originals or Duplicates by Licensee

Every bail licensee shall retain in his records the original or duplicate original of the following:

(a) Any written request received by him from an arrestee or person acting on his behalf which resulted in the posting of bail by such licensee.

(b) The application for bail signed by the arrestee or person negotiating bail on his behalf.

2098. Documents; Retention of Copies by Licensee

If a bail licensee has arranged for the posting of bail, he shall in each case retain in his records a copy of the following documents:

(a)

The document or documents furnishing the arrestee or person negotiating bail on his behalf with the information required by Section 2083.

(b)

The collateral receipt or any form of agreement relating thereto described in Section 2083 (m).

(c)

The document listing additional charges required by Section 2083.5.

(d)

Any written representation made to a court or a public official with respect to the matters dealt with in Section 2091.

(e)

An guarantor's agreement.

(f)

All documents signed by the arrestee or any person with whom bail is negotiated, the originals of which are not retained by the licensee.

(g)

All documents delivered to the arrestee or any person with whom bail is negotiated.

2099. Documents; Tender to Arrestee or Representative

Every bail licensee shall tender a copy of any document which is executed by any person with whom bail is negotiated to such person at the time of the execution thereof.

2100. Necessary Record; Open to Inspection

Every bail agent or permittee shall keep complete records of all business done under authority of his license or under the authority of the license of any bail solicitor, bail agent or bail permittee employed by him. All records kept by such agent or permittee, including all documents and copies thereof shall be open to inspection or examination by the commissioner or his representatives at all reasonable times, at the principal place of business of the licensee as designated in his license. Such records shall include at least the following information as to each bail transaction shown either in one of the forms required by the provisions of these rules or in a separate book, ledger, or card record:

(a)

The full name and address of the arrestee.

(b)

The date of arrest, the offense with which the arrestee was charged, the penal amount of the bail, the premium for the undertaking of bail or the amount charged for the bail bond, the date the bail was filed or delivered, and the court or public official before whom the arrestee must appear.

(c)

The full name and address of the person furnishing information leading to the solicitation or negotiation of the bail, the date and time such information was received, the manner in which it was received, the connection or relationship to the arrestee of the person other than the arrestee furnishing such information, and the name of the person receiving such information.

(d)

If the bail was negotiated with any person other than the arrestee, the full name, address and connection or relationship to the arrestee of such person, and the name of the person who carried out the negotiations on behalf of the licensee.

(e)

If the bail was negotiated directly with the arrestee, a full statement of the manner in which the arrestee communicated with the licensee and the name of the person receiving such communication.

(f)

The full name and address of each and every person directly or indirectly paying, promising to pay, or guaranteeing the payment of, the whole or any part of the premium, guard fees, charges for extraordinary services, or collateral made or deposited in connection with a bail transaction.

(g)

The name of any bail licensee from whom the business was accepted or to whom commission was promised or paid in connection therewith, and the amount of commission promised or paid.

(h)

The name of any person who received or was promised any portion of a premium, guard fee, charge or commission or was compensated in any manner directly or indirectly on account of any bail transaction. (i) If any valuable consideration other than money was received in connection with a bail transaction, a full statement in explanation of such consideration and the circumstances attendant thereto.

(j)

Where a writ bond was issued, the name of the attorney appearing thereon.

(k) A separate book record which shall show the date of receipt of any collateral as a guarantee in a bail transaction, the name of the person from whom it was received, the name of the person receiving it, a complete description of the collateral, the amount of bail guaranteed, the amount of premium guaranteed and the disposition of the collateral. If the collateral was returned, the date of its return and the name of the person to whom it was returned.

2101. Copartnership Records; Filings

During the period when two or more bail licensees are conducting their business as a partnership pursuant to Section 2061, such licensees may combine their books and records and make a joint filing with the commissioner of all forms used by them as a partnership, provided, however, that such books and records shall identify the member of the partnership who actually transacted each individual bail transaction or portion thereof.

2102. Use of Filed Documents and Forms

Except as provided in Sections 2101.1 to 2101.3, inclusive, every bail agent and permittee shall use the forms and documents filed, directly or by reference, by him with the commissioner as an individual and shall be individually responsible for the proper entries in and the retention of all books and records.

2103. Information; Not Required; Severability

Any bail licensee secure from any person with whom he engaged in a bail transaction information in addition to that required by these rules or his signature to documents other than those required by these rules. If such information is secured as a part of the same document which contains any of the information required by these rules, it shall be clearly severable and the licensee, in using such document, may, at his discretion, omit the use of the portion of it which is not required by these rules.

2104. Destruction of Records

Five years after the final completion of all parts of a bail transaction, a bail licensee may destroy his records pertaining to such transactions.