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Terms Used In Utah Code 31A-35-607

  • Agency: means :
         (6)(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
         (6)(b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bail bond: means a bail bond insurance product for a specified monetary amount that is:
         (1)(a) executed by a bail bond producer licensed in accordance with Section 31A-35-401; and
         (1)(b) issued to a court, magistrate, or authorized officer to secure:
              (1)(b)(i) the release of a person from incarceration; and
              (1)(b)(ii) the appearance of the released person at court hearings the person is required to attend. See Utah Code 31A-35-102
  • Bail bond agency: means any sole proprietor or entity that:
         (2)(a) is licensed under Subsection 31A-35-404(1) or (2);
         (2)(b)
              (2)(b)(i) is the agent of a surety insurer that sells a bail bond in connection with judicial proceedings;
              (2)(b)(ii) pledges the assets of a letter of credit from a Utah depository institution for a bail bond in connection with judicial proceedings; or
              (2)(b)(iii) pledges personal or real property, or both, as security for a bail bond in connection with judicial proceedings; and
         (2)(c) receives or is promised money or other things of value for a service described in Subsection (2)(b). See Utah Code 31A-35-102
  • Bail bond producer: means an individual who:
         (3)(a) is appointed by:
              (3)(a)(i) a surety insurer that sells bail bonds; or
              (3)(a)(ii) a bail bond agency licensed under this chapter;
         (3)(b) is appointed to execute or countersign undertakings of bail in connection with judicial proceedings; and
         (3)(c) receives or is promised money or other things of value for engaging in an act described in Subsection (3)(b). See Utah Code 31A-35-102
  • Filed: means that a filing is:
              (69)(a)(i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;
              (69)(a)(ii) received by the department within the time period provided in applicable statute, rule, or filing order; and
              (69)(a)(iii) accompanied by the appropriate fee in accordance with:
                   (69)(a)(iii)(A) Section 31A-3-103; or
                   (69)(a)(iii)(B) rule. See Utah Code 31A-1-301
  • Filing: when used as a noun, means an item required to be filed with the department including:
         (70)(a) a policy;
         (70)(b) a rate;
         (70)(c) a form;
         (70)(d) a document;
         (70)(e) a plan;
         (70)(f) a manual;
         (70)(g) an application;
         (70)(h) a report;
         (70)(i) a certificate;
         (70)(j) an endorsement;
         (70)(k) an actuarial certification;
         (70)(l) a licensee annual statement;
         (70)(m) a licensee renewal application;
         (70)(n) an advertisement;
         (70)(o) a binder; or
         (70)(p) an outline of coverage. See Utah Code 31A-1-301
  • Form: means one of the following prepared for general use:
              (74)(a)(i) a policy;
              (74)(a)(ii) a certificate;
              (74)(a)(iii) an application;
              (74)(a)(iv) an outline of coverage; or
              (74)(a)(v) an endorsement. See Utah Code 31A-1-301
  • Insurance: includes :
              (96)(b)(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
              (96)(b)(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
              (96)(b)(iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
  • Personal property: All property that is not real property.
  • Personal property: includes :
         (25)(a) money;
         (25)(b) goods;
         (25)(c) chattels;
         (25)(d) effects;
         (25)(e) evidences of a right in action;
         (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
         (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
  • producer: means a person licensed or required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. See Utah Code 31A-1-301
  • Surety insurer: means an insurer that:
         (11)(b) receives a certificate under this title; and
         (11)(c) sells bail bonds in connection with judicial proceedings. See Utah Code 31A-35-102
     (1)(a) In accordance with Section 31A-21-201, a bail bond agency that meets the financial capacity requirements through the use of a letter of credit, personal property, real property, or a surety insurer shall file with the commissioner a copy of each form the bail bond agency or surety insurer uses in the bail bond insurance business.
     (1)(b) A surety insurer filing shall comply with the following:

          (1)(b)(i) a form shall be identified by a unique form number;
          (1)(b)(ii) a form shall include the address, telephone number, and business email address of the bail bond agency and the surety insurer;
          (1)(b)(iii) the surety insurer shall file a form on behalf of each bail bond agency appointed to write on behalf of the surety insurer;
          (1)(b)(iv) once a filing is filed with the commissioner, it is the responsibility of the surety insurer to verify that the bail bond agency and its producers are using the correct form;
          (1)(b)(v) a bail bond agency and its bail bond producers are prohibited from using a form that has not been filed by the surety insurer; and
          (1)(b)(vi) a bail bond agency and its bail bond producers are prohibited from making changes to a form that is filed by the surety insurer.
     (1)(c) A bail bond agency filing, for a bail bond agency that meets the financial capacity requirements through the use of a letter of credit, personal property, or real estate, shall comply with the following:

          (1)(c)(i) a form shall be identified by a unique form number;
          (1)(c)(ii) a form shall include the address, telephone number, and business email address of the bail bond agency;
          (1)(c)(iii) once a filing is filed with the commissioner, it is the responsibility of the bail bond agency to verify that its bail bond producers are using the correct form;
          (1)(c)(iv) a bail bond producer is prohibited from using a form that has not been filed by the bail bond agency; and
          (1)(c)(v) a bail bond producer is prohibited from making changes to a form that is filed by the bail bond agency.
(2) A form described in Subsection (1) shall be filed 30 days before the form:

     (2)(a) is first used by the bail bond agency or surety insurer; and
     (2)(b) is changed after it is filed under Subsection (2)(a).
(3)

     (3)(a) The commissioner shall maintain and make available for public inspection a file regarding each bail bond agency and each surety insurer.
     (3)(b) A bail bond agency and surety insurer shall maintain a form required to be filed under this section in the office of the bail bond agency or surety insurer.