N.Y. Comp. Codes R. & Regs. tit. 11 § 28.18

Current through Register Vol. 46, No. 45, November 2, 2024

Section 28.18 - Statement of rights

(a) At or prior to the execution of an indemnity agreement or bail agreement, the payment of any premium, or the provision of any collateral, the bail agent shall provide each potential indemnitor with a written document advising that a principal and each indemnitor is entitled to:

(1) the full legal name of and contact information for the bail agent, insurer, and charitable bail organization, including the name of the sublicensee if the bail agent is a business entity, and the department license number of the bail agent and charitable bail organization and National Association of Insurance Commissioners number of the insurer, with whom the potential indemnitor is dealing; and

(2) complete copies of all records, receipts, and statements as set forth in section 28.17 of this Part;

(b) At the time of the execution of an indemnity agreement or bail agreement, A bail agent shall provide the information described in subdivision (a) of this section to each indemnitor at the time of the execution of an indemnity agreement or bail agreement and to the principal within a reasonable period of time after the principal is released from custody.

(c) A bail agent shall provide the information required in section 28.17 of this Part in the principal language used in the discussions with the indemnitor or potential indemnitor and principal, if the superintendent has promulgated forms in that language. If the superintendent has not promulgated forms in that language, then the bail agent shall provide the forms in English.

(d) A bail agent shall insert the date and obtain the principal's and each indemnitor's signature acknowledging receipt of the information required in section 28.17(d)(2) of this Part. The bail agent shall provide each indemnitor and principal with the original forms required by section 28.17(d)(2) of this Part and the bail agent shall retain copies for a period of at least six years from the date of exoneration or final order of forfeiture.

N.Y. Comp. Codes R. & Regs. Tit. 11 § 28.18

Adopted New York State Register November 20, 2019/Volume XLI, Issue 47, eff. 3/19/2020