W. Va. Code R. § 114-103-2

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

Section 114-103-2 - Definitions

2.1. "Agent," "clerk" or "representative" of a bail bondsman means a person employed by a licensed bail bondsman for the purpose of assisting the bondsman in presenting a defendant in court or, if a power of attorney has been duly executed, issuing bonds on behalf of the bondsman. An agent, clerk or representative of a bail bondsman who is engaged in the bonding business must be licensed by the Commissioner as provided by this rule.

2.2. "Bond" means an appearance bond for a specified monetary amount which is executed by the defendant and a licensed bondsman pursuant to the provisions of this rule and which is issued to a court as security for the subsequent court appearance of the defendant upon release from custody pending the appearance.

2.3. "Bonding business" means the business of becoming surety for compensation upon bonds in criminal cases in the State of West Virginia.

2.4. "Bondsman" or "bail bondsman" means any person who is engaged in bonding business and is approved and licensed under the provisions of this rule as a professional bondsman, as defined by subsection 2.9 of this rule, or surety bondsman, as defined by subsection 2.11 of this rule.

2.5. "Cash" means a personal or business check, a money order, or cashier's check.

2.6. "Commissioner" means the Insurance Commissioner of West Virginia.

2.7. "Insurer" means any domestic, foreign or alien insurance company, including a surety company, which has been qualified generally to transact surety business in the State of West Virginia.

2.8. "Person" means an individual.

2.9. "Professional bondsman" means any person who has been approved and licensed by the Commissioner, and who pledges cash, an irrevocable letter of credit, a bond issued by an insurance company licensed and in good standing in this State, or real estate with the Commissioner as security for bail bonds written in connection with a judicial proceeding, and charges, receives or is promised money or other things of value in exchange for his or her services.

2.10. "Securities" or "approved securities" means cash, an irrevocable letter of credit, a bond issued by an insurance company licensed and in good standing in this State, a qualified power of attorney issued by an insurer pursuant to a producer underwriting agreement, or real estate located in this State that is unencumbered in, at least, the amount of minimum financial responsibility required as set forth in this rule.

2.11. "Surety bondsman" means a person who:

2.11.1. Has been approved and licensed by the Commissioner as an insurance producer with a property and casualty line of authority and appointed by an insurer to execute or countersign bail bonds for the insurer through a qualified power of attorney in connection with judicial proceedings and charges, receives or is promised money or other things of value in exchange for his or her services; or

2.11.2. Posts approved security by providing the Commissioner with a qualified power of attorney issued by an insurer pursuant to a producer underwriting agreement and being approved and licensed by the Commissioner as an insurance producer with a limited lines surety line of authority and appointed by an insurer to execute or countersign bail bonds for the insurer in connection with judicial proceedings and charges, receives or is promised money or other things of value in exchange for his or her services.

W. Va. Code R. § 114-103-2