Chapter 59A, Article 51 NMSA 1978 may be cited as the “Bail Bondsmen Licensing Law”. History: Laws 1984, ch. 127, §928; 2005, ch. 259, § 1. ANNOTATIONS Cross references. — For acceptance of bail by designee, see 31-3-1 NMSA 1078. For justification of compensated sureties, see Rule 5-401B NMRA. The 2005 amendment, effective April 6, […]
A. Every bail bondsman and solicitor license issued under this article shall be dated and become effective as of date of issue, and shall continue in force for so long as the licensee remains qualified therefor, unless terminated by the licensee or suspended or revoked, subject to continuation annually by payment in advance of the […]
A. Every license issued under the article is at all times the property of the state of New Mexico, and upon any expiration, termination, suspension or revocation thereof the licensee shall promptly return the license to the superintendent for holding (in case of suspension) or cancellation. B. Any property bondsman who discontinues writing bail bonds […]
A. Every licensed bail bondsman may appoint as solicitor any individual who holds or has qualified for a solicitor’s license. Each bail bondsman shall annually, prior to March 1, file with the superintendent an alphabetical list of all solicitors whose appointment and license in this state is to be continued in effect, accompanied by payment […]
A. A bail bondsman or solicitor shall not: (1) suggest or advise the employment of or name for employment any particular attorney to represent the bail bondsman’s or solicitor’s principal; (2) pay a fee or rebate or give or promise anything of value to a jailer, policeman, peace officer, committing magistrate or any other person […]
The superintendent shall conduct public hearings for the purpose of promulgating the premium rates, schedule of charges and rating plan to be charged and used by bail bondsmen. No premium rate that has not been promulgated or otherwise approved by the superintendent shall be charged for any bail bond. Premium rates promulgated by the superintendent […]
A. The superintendent may deny, suspend, revoke or refuse to continue any license issued under the Bail Bondsmen Licensing Law for any of the following reasons: (1) any cause for which issuance of the license could have been refused had it then existed and been known to the superintendent; (2) a material misstatement, misrepresentation or […]
A. The superintendent in his order suspending a license, shall specify the period during which the suspension is to be in effect, but such period shall not exceed one year subject to modification in the superintendent’s discretion. A license which has been suspended shall not be reinstated except upon request for such reinstatement, but the […]
A. The superintendent may, in the superintendent’s discretion, in lieu of license suspension, revocation or refusal, and except on a second offense, impose upon the licensee an administrative penalty of one hundred dollars ($100), or, if the superintendent has found wilful misconduct or wilful violation on the part of the licensee, an administrative penalty not […]
If the superintendent finds that one or more causes exist for the suspension, revocation or refusal to continue any license issued under this article the superintendent may, in his discretion, in lieu of such suspension, revocation or refusal, or in connection with any administrative monetary penalty imposed, place the offending licensee on probation for a […]
History: Laws 1984, ch. 127, § 945; repealed by Laws 2014, ch. 21, § 11. ANNOTATIONS Repeals. — Laws 2014, ch. 21, § 11 repealed 59A-51-18 NMSA 1978, as enacted by Laws 1984, ch. 127, § 945, relating to penalties, effective May 21, 2014. For provisions of former section, see the 2013 NMSA 1978 on […]
In addition to other provisions of the Insurance Code applicable as to licensing and licensees as referred to in Chapter 59A, Article 51 NMSA 1978, the following provisions of the Insurance Code shall also apply, subject to the provisions of that article and to extent reasonably so applicable, as though the bail bond business was […]
As used in the Bail Bondsmen Licensing Law: A. “bail bondsman” means a limited surety agent or a property bondsman as hereafter defined; B. “insurer” means any surety insurer that is authorized to transact surety business in this state; C. “limited surety agent” means any individual appointed by an insurer by power of attorney to […]
A. No person shall act as property bondsman, limited surety agent or solicitor, or perform any functions or duties or exercise any of the powers prescribed for bail bondsmen or solicitors in Chapter 59A, Article 51 NMSA 1978 unless such person is qualified and licensed as provided in that article. B. Nothing in Chapter 59A, […]
Applicants for license as bail bondsman or solicitor pursuant to the provisions of the Bail Bondsmen Licensing Law shall: A. be an individual not less than eighteen years of age; B. be a high school graduate or have passed a high school equivalency examination; C. not be a law enforcement, adjudication, jail, court or prosecution […]
A. In order to be eligible to take the examination required to be licensed as a bail bondsman or solicitor, the applicant shall complete pre-licensing requirements as prescribed by rule. Pre-licensing requirements shall include formal classroom education, the form and content of which shall be subject to approval by the superintendent. In addition, the applicant […]
A. An individual desiring to be licensed as bail bondsman or solicitor under the Bail Bondsmen Licensing Law shall file with the superintendent a written application on a form as prescribed and furnished by the superintendent, together with an application for a qualifying examination. B. With application for license to act as property bondsman the […]
Fees for filing application for license and examination and for continuance of license shall be paid to the superintendent in advance and shall be in respective amounts as specified in Section 101 [59A-6-1 NMSA 1978] (fee schedule) of the Insurance Code. History: Laws 1984, ch. 127, § 933.
Examination of an applicant for license as bail bondsman shall be given and conducted by or under authorization of the superintendent and shall otherwise be subject to the provisions governing examination of applicants for license set forth in Article 11 [Chapter 59A, Article 11 NMSA 1978] (licensing procedures) of the Insurance Code. History: Laws 1984, […]
A. Prior to the issuance of a license to act as property bondsman, the applicant therefor shall deposit with the superintendent a surety bond in favor of the superintendent, or in lieu thereof a certificate of deposit, securities or a letter of credit issued by an institution, acceptable to the superintendent, and which letter is […]
