Current through Register Vol. 35, No. 11, June 11, 2024
Section 13.20.2.9 - APPLICATION FOR LICENSE The requirements in this section are in addition to the requirements of Section 59A-51-5 NMSA 1978.
A.All applicants.(1) The applicant shall complete pre-licensing education, as described in Subsection B of 13.20.2.11 NMAC.(2) The applicant shall complete on-the-job training requirements, as described in Subsection B of 13.20.2.12 NMAC.(3) The applicant shall register for and complete the required examination. Proof of the applicant's identity, including a recent legible credential-sized full-face photograph of the applicant shall be provided by the applicant at the time of the exam and shall be submitted to the superintendent by the exam vendor along with the applicant's exam result.(4) The applicant shall complete the license application, which shall be signed by the applicant, under oath if required by the form. (a) The application shall state the type of license applied for.(b) The application shall be accompanied by the license application filing fee.(5) The application shall require such information about the applicant as: (a) the applicant's name, date of birth, social security number, residence address, mailing address, business address and a valid electronic mail (email) address;(b) the applicant's personal history and business experience;(c) the applicant's experience or special training or education in the bail bond business;(d) whether the applicant was ever previously licensed to transact bail bonds or any other insurance business in this state or elsewhere;(e) whether any bail bondsman, insurance or other professional license of the applicant was ever refused, suspended or revoked;(f) whether any insurer or bail bondsman claims that the applicant is indebted to it, and if so, the details of the claim;(g) whether the applicant has ever had an insurance agency contract cancelled and the facts concerning the cancellation; and(h) such other pertinent information about the applicant as the superintendent may reasonably require.B.Non-resident applicants.(1) All non-resident applicants must keep a current business, mailing, residence and email address on file with the superintendent.(2) All non-resident applicants must irrevocably appoint the superintendent, on a form prescribed and furnished by the superintendent, as agent on whom service of process may be served. (a) Upon service, the superintendent shall promptly forward a copy by certified mail, return receipt requested to the non-resident licensee at the non-resident licensee's last address of record.(b) Process served and copy forwarded to the last address of record with the superintendent constitutes personal service upon the non-resident licensee.(3) A non-resident licensee shall also file a written agreement with the superintendent, to appear before the superintendent pursuant to a notice of hearing, show cause order or subpoena issued by the superintendent and deposited, postage paid, by certified mail in a letter depository of the United States post office, addressed to the non-resident licensee at the last address of record.(4) A failure to appear by the non-resident licensee will constitute a consent to subsequent suspension, revocation or refusal by the superintendent to continue the license.C.Limited surety agents.(1) The application shall show "bail bonds" as the class of surety insurance business to be transacted.(2) The application must be accompanied by appointment of the applicant as a limited surety agent by an authorized surety insurer, subject to issuance of the license.(3) If required by the superintendent, the surety insurer shall certify in writing:(a) that it has investigated the applicant's experience or training in the bail bond business;(b) that it has investigated the applicant's business and personal reputation;(c) that it believes the applicant is trustworthy and worthy of licensing; and(d) that it believes the applicant intends in good faith to engage in the bail bond business.D.Property bondsmen.(1) The application shall show "property bail bonds" as the class of bail bond business to be transacted.(2) The applicant shall demonstrate financial responsibility by filing a detailed financial statement, signed under oath. All instructions for preparing and submitting a detailed financial statement are available on the OSI website.(3) Prior to issuance of the license, the applicant shall deposit with the superintendent an acceptable deposit as defined in Section 51A-51-8 NMSA.E.Solicitors.(1) The application shall be accompanied by a written appointment of the applicant as a solicitor by a licensed bail bondsman, subject to issuance of the license.(2) If required by the superintendent, the sponsoring bail bondsman shall certify in writing: (a) that he has investigated the applicant's experience or training in the bail bond business;(b) that he has investigated the applicant's business and personal reputation;(c) that he believes the applicant is trustworthy and worthy of licensing;(d) that he believes the applicant intends in good faith to engage in the bail bond business; and(e) that he shall supervise the solicitor's activities on the bondsman's behalf.F.Approval or denial of license application.(1) Prior to submission of an application, the applicant shall pass the examination conducted by and under authorization of the superintendent, with a score of seventy percent or higher.(2) After completing a review of an application for a license as a bail bondsman or solicitor, the superintendent shall notify the applicant in writing whether the application has been approved or denied.1/1/00; Recompiled 11/30/01, Adopted by New Mexico Register, Volume XXVIII, Issue 13, July 11, 2017, eff. 7/11/2017