(1) A person found to be in violation of the statutes or rules governing the conduct of bail bond producers and bail bond agencies under this chapter is subject to:

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Terms Used In Utah Code 31A-35-703

  • 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
  • Certificate: means a certificate of authority issued under this chapter to allow an insurer to operate as a surety insurer. See Utah Code 31A-35-102
  • 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
  • License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
  • Person: includes :
         (146)(a) an individual;
         (146)(b) a partnership;
         (146)(c) a corporation;
         (146)(d) an incorporated or unincorporated association;
         (146)(e) a joint stock company;
         (146)(f) a trust;
         (146)(g) a limited liability company;
         (146)(h) a reciprocal;
         (146)(i) a syndicate; or
         (146)(j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
  • 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) disciplinary action by the commissioner against that person’s:

          (1)(a)(i) license, if the person is a bail bond agency or bail bond producer; or
          (1)(a)(ii) certificate, if the person is a surety insurer; and
     (1)(b) imposition of civil penalties, as authorized under Title 31A, Chapter 2, Administration of the Insurance Laws.
(2) Penalties collected under this section shall be deposited in the restricted account created in Section 31A-35-407.