Alabama Administrative Code Title 153 - ALABAMA STATE PROFESSIONAL BAIL BONDING BOARD
The Alabama Administrative Code, Title 153, is dedicated to the Alabama State Professional Bail Bonding Board. This Board was established relatively recently, in 2019, by the Alabama Bail Bond Regulatory Act (Chapter 13 of Title 15, Code of Alabama 1975). Its creation aimed to bring a more comprehensive and standardized approach to the regulation of the bail bonding industry in the state.
The core purpose of the Alabama State Professional Bail Bonding Board, as reflected in its administrative rules, is to license and regulate professional bail and surety companies, bail bondsmen, surety bondsmen, and recovery agents in Alabama. This ensures public confidence in the bail bond industry by enforcing professional standards and ethical conduct.
Key areas covered by Title 153 of the Alabama Administrative Code include:
General Provisions (Chapter 153-X-1): This chapter sets forth the Board's authority, derived from the Alabama Bail Bond Regulatory Act, and defines the scope of its rules. It also covers the composition of the nine-member Board, including professional bondsmen from each congressional district, a judge, and a court clerk, all appointed by the Governor.
Definitions (Chapter 153-X-2): This chapter provides clear definitions for terms used throughout the regulations, such as "Board," "Director," "Company" (referring to professional bail bond or surety companies), "Bail bondsman," and "Employee."
Licensure (Chapter 153-X-3): This is a central component, outlining the requirements and procedures for obtaining various licenses:
Individual Licenses: For professional bail bondsmen, professional surety bondsmen, and recovery agents. This typically includes age requirements (21 years of age, though an apprentice exception for 19-20 year olds may exist), background checks (which cannot be more than 90 days old), an immigration compliance form, and a mandatory 16-hour pre-licensure course and examination.
Business Licenses: For professional bail companies and professional surety companies.
Apprentice Licenses: Provisions for individuals working as apprentices under licensed professionals.
Rules cover application processes, fees, license numbers, and the requirement that no individual or company can hold themselves out to the public as a professional bondsman or recovery agent without a license.
License Renewal and Continuing Education (Chapter 153-X-4): This chapter details the requirements for renewing licenses, including mandatory continuing education to ensure licensees stay current with laws, regulations, and best practices in the industry.
License Denial/Revocation (Chapter 153-X-5): This section outlines the grounds for denying an application for licensure or for revoking/suspending an existing license for bondsmen and recovery agents.
Collateral; Fiduciary Relationship (Chapter 153-X-6): This chapter addresses the handling of collateral, which is money or property pledged by a defendant or their family to a bail bond company to ensure the defendant's appearance in court. It details the fiduciary responsibilities of bondsmen regarding such funds.
Complaint Process (Chapter 153-X-7) and Hearing Process (Chapter 153-X-8): These chapters establish the procedures for individuals to file complaints against licensees and for the Board to conduct investigations and formal hearings related to alleged violations of the Alabama Bail Bond Regulatory Act or the Board's rules. This ensures due process in disciplinary matters.
Fees (Chapter 153-X-9): This chapter lists the various fees associated with applications, initial licenses, renewals, and other services provided by the Board.
Standards of Professional Conduct (Chapter 153-X-10): This chapter sets forth the ethical guidelines and minimum acceptable professional standards of practice for all licensees, promoting integrity, honor, and professionalism within the industry.
Disciplinary Proceedings (Chapter 153-X-11): This outlines the full range of disciplinary actions the Board can take against licensees found in violation of the rules, which can include fines, suspension, or revocation of licenses.
In essence, Alabama Administrative Code Title 153 empowers the Alabama State Professional Bail Bonding Board to effectively regulate the bail bonding industry, ensuring that those who facilitate the release of individuals on bail are qualified, ethical, and operate within the bounds of state law, thereby protecting the public and maintaining the integrity of the justice system.
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