W. Va. Code R. § 114-103-15

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 114-103-15 - Reporting

15.1. In order to evaluate a professional bondsman's financial responsibility, upon request and as often as the Commissioner deems necessary, a professional bondsman shall electronically file with the Commissioner a written report showing:

15.1.1. Each individual bonded;

15.1.2. The date the bond was given;

15.1.3. The principal sum of the bond;

15.1.4. The county in which the bond was issued;

15.1.5. The court file or docket number for the principal's court obligation; and

15.1.6. The fee charged for the bonding service in each instance.

15.2. The Commissioner may verify the information provided to him or her pursuant to subsection 15.1 of this rule with the clerk of the county court in which the bond was issued.

15.3. Each insurer that appoints surety bondsmen in this State shall electronically file with the Commissioner, a written report in a form, as located at www.wvinsurance.gov, adopted by the Commissioner regarding all bail bonds on which the insurer is liable as of the last day of each calendar quarter showing the total dollar amount for which the insurer is liable. The report shall be filed on or before the 15th day following the end of each calendar quarter.

15.4. Annual Report by Insurers.

15.4.1. Before July 1 of each year, every insurer shall furnish the Commissioner a list of all surety bondsmen appointed by the insurer to write bail bonds on the insurer's behalf.

15.5. An insurer terminating the appointment of a surety bondsman shall file a written notice of the termination with the Commissioner with a statement that the insurer has given or mailed notice of the termination to the surety bondsman. The notice to the Commissioner shall state the reason(s) for the termination.

15.6. A bondsman shall report to the Commissioner any administrative action taken against the bondsman in another jurisdiction or by another governmental agency in this state within 30 days of the final disposition of the matter. This report shall include a copy of the final order, consent order, settlement agreement, or other relevant documents regarding the administrative action.

15.7. Within 10 days of the initial pretrial hearing date, a bondsman shall report to the Commissioner any criminal prosecution of the bondsman taken in any jurisdiction. The report shall include a copy of the initial criminal complaint filed, the order resulting from the pretrial hearing, and any other relevant legal document.

15.8. Any law enforcement agency, prosecuting 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 no contest to any crime, should immediately notify the Commissioner.

15.9. The Commissioner may request any additional information or data from a bondsman or insurer that he or she deems necessary to enforce the provisions of this rule.

15.10. Notwithstanding any other provision of this rule, any documents, materials or other information in the control or possession of the Commissioner and furnished by an insurer or an employee or agent thereof acting on behalf of the insurer, or obtained by the Commissioner in an investigation under this rule, shall be confidential by law and privileged, shall not be considered public records under Chapter 29B of the West Virginia Code, shall not be subject to subpoena, shall not be subject to discovery in any civil action other than a proceeding brought by the Commissioner, and is otherwise subject to the confidentiality and information sharing provisions set forth in W. Va. Code § 33-2-19. The Commissioner is authorized to use the documents, materials, or other information in furtherance of any regulatory or legal action brought as part of the Commissioner's official duties.

W. Va. Code R. § 114-103-15