N.M. Admin. Code § 13.20.2.17

Current through Register Vol. 35, No. 23, December 10, 2024

Section 13.20.2.17 - RESPONSIBILITIES OF BAIL BONDSMEN

A.Permanent street address of place of business. Every bail bondsman and solicitor shall have and maintain in this state a place of business accessible to the public where the bail bondsman or solicitor principally conducts bail bond transactions. The permanent street address of such place shall appear upon the bail bondsman's or solicitor's license, and the bail bondsman shall notify the superintendent in writing or as otherwise specified by the superintendent within 30 days of any change of address. Nothing in this paragraph shall prohibit the bail bondsman from maintaining his place of business in his residence in this state as long as the residence is properly permitted by the municipality in which the residence is located. A bondsman with more than one office location must have a permanent street address in each office location.

B.Affiliation. Any licensee licensed under the bail bond licensing law doing bail bond business in a business entity name, must complete a business entity license application, and must provide business registration documents for the business entity from the New Mexico office of secretary of state, to the superintendent. All bail bond business must be conducted in the business entity name.

C.Display of licenses. The licenses of the bail bondsman and the solicitors employed by him shall be conspicuously displayed in a part of the place of business customarily open to the public.

D.Allowable charges. A bail bondsman shall not accept any charges, fees, reimbursement or other remuneration except as approved by the superintendent.

E.Receipt for premium required. A bail bondsman shall issue a receipt for premium collected that includes the following information:

(1) the name and address of the bail bondsman or solicitor collecting premium;

(2) the face amount of the bond;

(3) the date bond was posted;

(4) the defendant's name, address and date of birth;

(5) the charges against the defendant;

(6) the date of the defendant's release;

(7) the date and time the defendant is required to appear;

(8) the case number;

(9) the name and address of the court at which the defendant must appear; and

(10) the signature of the defendant or principal acknowledging delivery of the receipt for premium.

F.Payment by credit card. A bail bondsman may accept payment by credit card as long as the fee charged by the credit card company is not passed on to the client.

G.Maintenance of bond or deposit. A bond or deposit must be maintained until all bonds that have been posted with all courts becomes exonerated.

H.Restrictions.

(1) A bondsman shall not offer a reduction in rates, charges or premiums or give or promise anything of value to the defendant or principal or anyone on behalf of the defendant or principal.

(2) A bondsman shall not suggest or recommend an attorney to represent the defendant. If pressed to provide a referral, the bondsman may suggest that the defendant or principal contact the local bar association.

(3) A bondsman shall not participate as an attorney at trial or hearing on behalf of a defendant or surety.

I.In relation to solicitors.

(1)Notice of employment. A sponsoring bondsman shall register a licensed solicitor with the superintendent within seven days of employment with the bail bondsman and shall supervise the activities of every solicitor in the bail bondsman's employ.

(2)Records of transactions. A bail bondsman shall maintain all records of his solicitors' bail bond transactions in his principal place of business, provided that a bail bondsman:

(a) may collect the records of solicitors not working out of the bail bondsman's principal place of business monthly; and

(b) shall make all records of bail bond transactions made pursuant to his license available for inspection at his principal place of business within 48 hours of a request from the superintendent.

(3)Annual report. The bail bondsman shall file an annual report with the superintendent on or before March 1 of each year, to include an alphabetic list of all solicitors whose license will be continued and who have met license renewal requirements in accordance with Section 59A-11-1, et seq.

(4)Termination. When the employment relationship between a bail bondsman and solicitor ceases as a result of either discharge or resignation, the bail bondsman shall terminate the appointment as prescribed in Section 59A-51-12 B NMSA 1978.

(5)Notice of termination. When a bail bondsman terminates his relationship with a solicitor, the bail bondsman shall file a confidential written notice of the termination with the superintendent within 30 days. This notice shall include the following:

(a) a statement that the bail bondsman has provided written notice of the termination to the solicitor; and

(b) a statement of the reason, if any, for the termination.

N.M. Admin. Code § 13.20.2.17

1/1/00; Recompiled 11/30/01, Adopted by New Mexico Register, Volume XXVIII, Issue 13, July 11, 2017, eff. 7/11/2017