Questions and Answers
What are the 3 areas of bail bond law?
If there is a conflict between the areas of bail bond law, what is the order of authority?
What North Carolina agency is in charge of regulating bail bondsmen and runners?
North Carolina Department of Insurance
Who is the elected head of the North Carolina Department of Insurance?
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Who is the North Carolina Commissioner of Insurance?
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What persons are prohibited from becoming licensed as bail bondsmen or runners?
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What are the two restrictions for persons prohibited from becoming bail bondsmen or runners?
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What are the general qualifications for bail bondsmen and runners?
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What 'proof of residency' documentation is required showing residential address?
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How many documents must an applicant provide to show proof of residency?
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What are two offenses for which the Commissioner shall deny an application or revoke a license?
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If your application is denied or you fail the exam, how long must you wait before reapplying or retesting?
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What does 'bail' and 'bond' mean?
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What is the purpose of a bail bond?
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What are the consequences of a bail bond?
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What is the definition of an accommodation bondsman?
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In what ways can an accommodation bondsman post bonds?
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What is the definition of a bail bond?
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What are the types of bail bonds listed under the bail bond definition?
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What can a bail bond be used for other than the release of a person from jail?
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What is the definition of a bail bondsman?
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What is the definition of Commissioner?
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What is the definition of a first year licensee?
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Study Notes
Areas and Authority of Bail Bond Law
- Key areas of bail bond law: Chapter 15A, Article 26; Chapter 58, Article 71; NC Administrative Code.
- In case of conflict among these areas, authority order follows: Chapter 15A, Article 26 > Chapter 58, Article 71 > N.C. Administrative Code.
Regulatory Agencies and Officials
- Regulatory body for bail bondsmen and runners: North Carolina Department of Insurance.
- Elected head of the Department: Commissioner of Insurance, currently Mike Causey.
Licensing Restrictions
- Individuals prohibited from becoming licensed bail bondsmen or runners include: sheriffs, deputy sheriffs, law enforcement officers, attorneys, parole and probation officers, jailers, and certain public employees.
- Additional restrictions: prohibited individuals cannot be agents for any bail bond company and cannot hold financial interests in bail bond businesses.
General Qualifications for Licensing
- Minimum age requirement: 21 years.
- Required education: High School Diploma or GED.
- Must be a NC resident.
- Requires knowledge or training for competence in bail bond responsibilities.
- No outstanding bail obligations or violations related to bail bond laws.
- Must hold a valid NC driver’s license or N.C. identification card.
Proof of Residency
- Acceptable documentation for proof of residency includes: pay stubs, utility bills, lease agreements, tax receipts, and financial statements.
- Minimum requirement: applicants must provide at least two documents demonstrating proof of residency.
Application Denials and Wait Period
- Applications will be denied or licenses revoked for felony or misdemeanor drug offense convictions.
- If denied or if exam fails, applicants must wait one year before reapplying or retesting.
Definitions in Bail Bond Context
- "Bail" refers to the monetary amount required for a defendant's release while "Bond" refers to the obligation assumed by whoever posts the bail.
- Purpose of a bail bond: To ensure the defendant's appearance in court.
- Consequences include forfeiture of bail and possible arrest orders.
Accommodation Bondsman
- An accommodation bondsman does not charge fees for posting bonds and cannot keep any consideration for personal use.
- Must demonstrate that property can cover the bond amount, may require collateral, and is not licensed.
Types and Uses of Bail Bonds
- Types of bail bonds include: unsecured, premium secured, cash deposit, and mortgage bonds.
- Bail bonds can also be used for releasing motor vehicles from impoundment.
Definitions Related to Bail Bond Agents
- Types of bail bondsmen: Surety Bondsman, Professional Bondsman, and Accommodation Bondsman.
- Definition of a first-year licensee: any individual licensed for less than 12 months.
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Description
This quiz focuses on essential concepts and laws related to bail bonds, specifically tailored for pre-licensing preparation. It covers key areas of bail bond law, conflict resolution between laws, and regulatory agencies in North Carolina. Use these flashcards to reinforce your understanding and readiness for the licensing exam.