Current through Register Vol. XLI, No. 50, December 13, 2024
Section 81-15-2 - Definitions2.1. "Bail bondsman" means any person, partnership or corporation engaged for profit in the business of furnishing bail, making bonds or entering into undertakings, as surety, for the appearance of persons charged with a criminal offense or violation of law punishable by fine or imprisonment before any court within or without this state. The term "bail bondsman" includes, but is not limited to, persons conducting a bonding business as defined in W. Va. Code '51-10-1.2.2. "Bail bond enforcer" means a nonresident bail bond enforcer and/or a resident bail bond enforcer as defined in sections 2.4. and 2.8. of this rule.2.3. "Enforcement Authorization" means a written agreement between a bail bondsman and a bail bond enforcer allowing the bail bond enforcer to act on behalf of the bail bondsman as defined in sections 2.4. and 2.8. of this rule.2.4. "Nonresident bail bond enforcer" means a person who is registered and authorized as provided for in this rule, who is not a resident of the state of West Virginia and who on behalf of a bail bondsman enters this state for the purpose of: (1) assisting a bail bondsman in presenting the defendant in court when required;(2) assisting in the apprehension and surrender of the defendant to a court;(3) keeping a defendant under surveillance; or(4) executing bonds on behalf of a bail bondsman when a power of attorney has been duly recorded.2.5. "Notification" means communication by a bail bond enforcer or a bail bondsman with the West Virginia State Police, by letter or by facsimile, for the purpose of reporting anticipated actions on the part of the bail bond enforcer as required in section 4.4.a. and 4.4.b. of this rule.2.6. "Registration Authorization" means a written statement from a bail bondsman indicating a bail bond enforcer has authority to act as an agent for the bail bondsman. This authorization is for the sole purpose of registration of the bail bond enforcer and does not grant enforcement authority.2.7. "Resident" means a person who maintains his/her permanent principal home within the boundaries of the state of West Virginia and such domicile has been maintained for not less than thirty consecutive days prior to his/her application for registration.2.8. "Resident bail bond enforcer" means a person who is registered and authorized as provided for in this rule, who is a resident of the state of West Virginia who acts on behalf of a bail bondsman by: (1) assisting a bail bondsman in presenting the defendant in court when required; (2) assisting in the apprehension and surrender of the defendant to a court;(3) keeping a defendant under surveillance; or(4) executing bonds on behalf of a bail bondsman when a power of attorney has been duly recorded.