Okla. Stat. tit. 59, § 59-1310

renew license - Grounds – Definitions.

A. The Insurance Commissioner may deny, censure, suspend,

revoke, or refuse to renew any license issued under Sections 1301

through 1341 of this title for any of the following causes:

1. For any cause for which issuance of the license could have

been refused;

2. Violation of any laws of this state or any lawful rule,

regulation, or order of the Commissioner relating to bail;

3. Material misstatement, misrepresentation, or fraud in

obtaining the license;

4. Misappropriation, conversion, or unlawful withholding of

monies or property belonging to insurers, insureds, or others

received in the conduct of business under the license;

5. Conviction of, or having entered a plea of guilty or nolo

contendere to, any felony crime that substantially relates to the

occupation of a bail bondsman and poses a reasonable threat to

public safety;

6. Fraudulent or dishonest practices or demonstrating financial

irresponsibility in conducting business under the license;

7. Failure to comply with, or violation of any proper order,

rule, or regulation of the Commissioner;

8. Recommending any particular attorney-at-law to handle a case

in which the bail bondsman has caused a bond to be issued under the

terms of Sections 1301 through 1341 of this title;

9. When, in the judgment of the Commissioner, the licensee has,

in the conduct of affairs under the license, demonstrated

incompetency, or untrustworthiness, or conduct or practices

rendering the licensee unfit to carry on the bail bond business or

making continuance in the business detrimental to the public

interest;

10. When the licensee is no longer in good faith carrying on

the bail bond business;

11. When the licensee is guilty of rebating, or offering to

rebate, or dividing with someone other than a licensed bail

bondsman, or offering to divide commissions in the case of limited

surety agents, or premiums in the case of professional bondsmen, and

for this conduct is found by the Commissioner to be a source of

detriment, injury, or loss to the public;

12. For any materially untrue statement in the license

application;

13. Misrepresentation of the terms of any actual or proposed

bond;

14. For forging the name of another to a bond or application

for bond;

15. Cheating on an examination for licensure;

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16. Soliciting business in or about any place where prisoners

are confined, arraigned, or in custody;

17. For paying a fee or rebate, or giving or promising anything

of value to a jailer, trustee, police officer, law enforcement

officer, or other officer of the law, or any other person who has

power to arrest or hold in custody, or to any public official or

public employee in order to secure a settlement, compromise,

remission, or reduction of the amount of any bail bond or

estreatment thereof, or to secure delay or other advantage. This

shall not apply to a jailer, police officer, or officer of the law

who is not on duty and who assists in the apprehension of a

defendant;

18. For paying a fee or rebating or giving anything of value to

an attorney in bail bond matters, except in defense of an action on

a bond;

19. For paying a fee or rebating or giving or promising

anything of value to the principal or anyone in the behalf of the

principal;

20. Participating in the capacity of an attorney at a trial or

hearing for one on whose bond the licensee is surety;

21. Accepting anything of value from a principal, other than

the premium; provided, the bondsman shall be permitted to accept

collateral security or other indemnity from the principal which

shall be returned immediately upon final termination of liability on

the bond and upon satisfaction of all terms, conditions, and

obligations contained within the indemnity agreement; provided,

however, a bondsman shall not refuse to return collateral or other
than

the premium; provided, the bondsman shall be permitted to accept

collateral security or other indemnity from the principal which

shall be returned immediately upon final termination of liability on

the bond and upon satisfaction of all terms, conditions, and

obligations contained within the indemnity agreement; provided,

however, a bondsman shall not refuse to return collateral or other

indemnity because of nonpayment of premium. Collateral security or

other indemnity required by the bondsman shall be reasonable in

relation to the amount of the bond;

22. Willful failure to return collateral security to the

principal when the principal is entitled thereto;

23. For failing to notify the Commissioner of a change of legal

name, residence address, business address, mailing address, email

address, or telephone number within five (5) days after a change is

made, or failing to respond to a properly mailed notification within

a reasonable amount of time;

24. For failing to file a report as required by Section 1314 of

this title;

25. For filing a materially untrue monthly report;

26. For filing false affidavits regarding cancellation of the

appointment of an insurer;

27. Forcing the Commissioner to withdraw deposited monies to

pay forfeitures or any other outstanding judgments;

28. For failing to pay any fees to a district court clerk as

are required by this title or failing to pay any fees to a municipal

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court clerk as are required by this title or by Section 28-127 of

Title 11 of the Oklahoma Statutes;

29. For uttering an insufficient or uncollected check or

electronic funds transfer to the Insurance Commissioner for any

fees, fines or other payments received by the Commissioner from the

bail bondsman;

30. For failing to pay travel expenses for the return of the

defendant to custody once having guaranteed the travel expenses;

31. The Commissioner may also refuse to renew a licensed

bondsman for failing to file all outstanding monthly bail reports,

pay any outstanding fines, pay any outstanding monthly report

reviewal fees owed to the Commissioner, or respond to a current

order issued by the Commissioner;

32. For failing to accept or claim a certified mailing from the

Insurance Department or from any district or municipal court clerk

addressed to the mailing address of the bondsman on file with the

Insurance Department; and

33. For posting a bond for any defendant without first

obtaining a written or oral agreement with the defendant or cosigner

of the bond.

B. In addition to any applicable denial, censure, suspension,

or revocation of a license, any person violating any provision of

Sections 1301 through 1341 of this title may be subject to a civil

penalty of not less than Two Hundred Fifty Dollars ($250.00) nor

more than Two Thousand Five Hundred Dollars ($2,500.00) for each

occurrence. This fine may be enforced in the same manner in which

civil judgments may be enforced. Any order for civil penalties

entered by the Commissioner or authorized decision-maker for the

Insurance Department which has become final may be filed with the

court clerk of Oklahoma County and shall then be enforced by the

judges of Oklahoma County.

C. No bail bondsman or bail bond agency shall advertise as or

hold itself out to be a surety company.

D. If any bail bondsman is convicted by any court of a

violation of any of the provisions of this act, the license of the

individual shall therefore be deemed to be immediately revoked,

without any further procedure relative thereto by the Commissioner.

E. For one (1) year after notification by the Commissioner of

an alleged violation, or for two (2) years after the last day the

person was licensed, whichever is the lesser period of time, the

Commissioner shall retain jurisdiction as to any person who cancels

his bail bondsman's license or allows the license to lapse, or
d,

without any further procedure relative thereto by the Commissioner.

E. For one (1) year after notification by the Commissioner of

an alleged violation, or for two (2) years after the last day the

person was licensed, whichever is the lesser period of time, the

Commissioner shall retain jurisdiction as to any person who cancels

his bail bondsman's license or allows the license to lapse, or

otherwise ceases to be licensed, if the person while licensed as a

bondsman allegedly violated any provision of this title. Notice and

opportunity for hearing shall be conducted in the same manner as if

the person still maintained a bondsman's license. If the

Commissioner or a hearing examiner determines that a violation of

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the provisions of Sections 1301 through 1341 of this title occurred,

any order issued pursuant to the determination shall become a

permanent record in the file of the person and may be used if the

person should request licensure or reinstatement.

F. Any law enforcement agency, district attorney's office,

court clerk's office, or insurer that is aware that a licensed bail

bondsman has been convicted of or has pleaded guilty or nolo

contendere to any crime shall notify the Insurance Commissioner of

that fact.

G. As used in this section:

1. "Substantially relates" means the nature of criminal conduct

for which the person was convicted has a direct bearing on the

fitness or ability to perform one or more of the duties or

responsibilities necessarily related to the occupation; and

2. "Poses a reasonable threat" means the nature of criminal

conduct for which the person was convicted involved an act or threat

of harm against another and has a bearing on the fitness or ability

to serve the public or work with others in the occupation.