Ala. Admin. Code r. 153-X-10-.01

Current through Register Vol. 42, No. 12, September 30, 2024

Section 153-X-10-.01 - Standards Of Professional Conduct

(1) A licensee shall be fair and impartial toward each participant in all aspects of bail related services.

(2) A licensee, if requested, shall provide information regarding services to be rendered to all clients. The licensee must strive to meet contractual obligations.

(3) Licensees shall be alert to situations that are conflicts of interest or that may give the appearance of a conflict of interest. If a conflict arises, the licensee must disclose that conflict or potential conflict to the client.

(4) No licensee shall purposely make any misleading or untrue representations to any court or to any public official for the purpose of avoiding or preventing a forfeiture of bail, setting aside of a forfeiture, or obtaining a bondsmen's process.

(5) A licensee who becomes impaired and unable to function per the standards of professional conduct should immediately refrain from providing any professional services. It is the licensee's responsibility to seek supervision and/or personal therapy for any problem that is interfering with the ability to perform professional services.

(6) Licensees shall preserve the applicable confidentiality and ensure the security of applicable confidential information, oral or written, entrusted to the licensee by any and all clients.

(7) Licensees shall not permit the use of his/her name or company's name, nor shall a licensee be associated in business ventures, with persons or companies that the licensee has reason to believe is engaging in fraudulent or dishonest business practices.

(8) Licensees shall be truthful and accurate when making public statements or when advertising services provided.

(9) Licensees shall meet all mandated continuing education requirements.

(10) Licensees having knowledge of possible/probable violations of any of these Rules and Regulations shall file a complaint form with the Board and cooperate as necessary with the Board investigation of such violation.

(11) Licensees must report to the Board his or her arrest, on any charge, within ten (10) days via certified or electronic mail.

(12) Any attire worn and business materials or business names used must reflect a Bail related service or Bail Recovery or Bail Enforcement and shall not be misleading.

(13) No company or licensee shall pay monies, offer gifts, or give anything of value to any personnel/inmate of a jail facility or judicial official/employee, for unethical purposes.

(14) No company or licensee shall solicit bail services at any jail facility.

(15) All companies and licensees shall conduct all bail related or bail recovery business in a professional and ethical manner and shall uphold these Standards of Professional Conduct.

(16) A licensee shall not charge an arrestee money or accept money in exchange for not processing the arrestee into custody.

(17) All monies owed to any jurisdictions in regard to Final Forfeitures or Bail Bond Processing fees must be satisfied before a company or licensee can open another business in the same or any other jurisdictions in the State of Alabama.

(18) A licensee shall not charge an unreasonable fee to an arrestee, indemnitor, or co-signer for the recovery of an arrestee. Such a fee shall not exceed the overall cost of the original bond.

(19) Only an approved badge by the Board shall be used by a licensee. Such badge must include the license number assigned.

Ala. Admin. Code r. 153-X-10-.01

Adopted by Alabama Administrative Monthly Volume XXXVIII, Issue No. 09, June 30, 2020, eff. 8/14/2020.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 12, September 30, 2022, eff. 11/14/2022.

Author: Alabama Professional Bail Bonding Board

Statutory Authority:Code of Ala. 1975, § 15-13-207.