Current through the 2024 Regular Session
Section 83-39-15 - Grounds for denial, suspension, revocation, and refusal to renew license(1) The department may deny, suspend, revoke or refuse to renew, as may be appropriate, a license to engage in the business of professional bail agent, soliciting bail agent, or bail enforcement agent for any of the following reasons:(a) Any cause for which the issuance of the license would have been refused had it then existed and been known to the department.(b) Failure to post a qualification bond in the required amount with the department during the period the person is engaged in the business within this state or, if the bond has been posted, the forfeiture or cancellation of the bond.(c) Material misstatement, misrepresentation or fraud in obtaining the license.(d) Willful failure to comply with, or willful violation of, any provision of this chapter or of any proper order, rule or regulation of the department or any court of this state.(e) Conviction of felony or crime involving moral turpitude.(f) Default in payment to the court should any bond issued by such bail agent be forfeited by order of the court.(g) Being elected or employed as a law enforcement or judicial official.(h) Engaging in the practice of law.(i) Writing a bond in violation of Section 83-39-3(2) (b) (i) and (ii).(j) Giving legal advice or a legal opinion in any form.(k) Acting as or impersonating a bail agent without a license.(l) Use of any other trade name than what is submitted on a license application to the department.(m) Issuing a bail bond that contains information intended to mislead a court about the proper delivery by personal service or certified mail of a writ of scire facias, judgment nisi or final judgment.(2) In addition to the grounds specified in subsection (1) of this section, the department shall be authorized to suspend the license, registration or permit of any person for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license, registration or permit for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license, registration or permit suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license, registration or permit suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.(3) In addition to the sanctions provided in this section, the department may assess an administrative fine in an amount not to exceed One Thousand Dollars ($1,000.00) per violation. Such administrative fines shall be in addition to any criminal penalties assessed under Section 99-5-1.Codes, 1942, § 8745-06; Laws, 1968, ch. 341, § 6; Laws, 1994, ch. 495, § 8; Laws, 1996, ch. 507, § 89; Laws, 2001, ch. 563, § 2; Laws, 2010, ch. 466, § 3, eff. 7/1/2010.Amended by Laws, 2014, ch. 479, SB 2677, 2, eff. 7/1/2014.