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N531 Qualifications of Surety and Bail Bondsmen
RULE N531. QUALIFICATIONS OF SURETY AND BAIL BONDSMEN.
(a) Surety companies, fidelity companies and bondsmen are not qualified to act as sureties in Northampton County except as otherwise provided for in these rules.
(b) The Clerk of Courts Criminal shall compile, maintain, and make available for public inspection a list of approved surety companies, fidelity companies, and professional bondsmen qualified to act as sureties in Northampton County (hereinafter "the approved list").
(c) A professional bondsman, as defined in 42 Pa. C.S.A. §5741, may not be included on the approved list unless he:
(1) presents proof of currently valid registration and licensure by the Insurance Department of the Commonwealth of Pennsylvania,pursuant to 42 Pa. C.S.A. §5742;
(2) presents proof that he maintains an office in Northampton County from which he conducts his business, pursuant to 42 Pa. C.S.A. §5744; and
(3) posts and maintains as security with the Clerk of Courts Criminal the sum of Twenty five Thousand ($25,000.00)Dollars in United States currency.
(d) Any fidelity or surety company authorized to act as surety within this Commonwealth may not be included on the approved list unless the company:
(1) presents proof of currently valid registration and licensure by the Insurance Department of the Commonwealth of Pennsylvania pursuant to 40 P.S. §§831 et seq.;
(2) files with the District Attorney, and with the Clerk of Courts Criminal for the last calendar quarter ending before the date of the application, a report of the type required to be filed quarterly,pursuant to 42 Pa.C.S.A. §5747; and
(3) posts and maintains as security with the Clerk of Courts Criminal the sum of Twenty five Thousand ($25,000.00) Dollars in United States currency.
(e) A professional bondsman or surety company wishing to be placed on the approved list must file information required by Rules N4007.101(c) and N4007.101(d) with the Clerk of Courts Criminal. Upon a finding of compliance of the applicant with these rules and all applicable laws, the Clerk of Courts Criminal shall place the name of the applicant on the approved list.
(f) Upon order of the Court of Common Pleas of Northampton County, after hearing held on not less than ten (10) days notice to the bondsman or fidelity or surety company, the Clerk of Courts Criminal shall remove the name of the bondsman or company from the approved list. Grounds for suspension or revocation shall include, in the discretion of the Court:
(1) failure of the bondsman or fidelity or surety company to comply with any requirement of these rules;
(2) failure of the bondsman or fidelity or surety company to pay any forfeited bail bond within six (6) months of the forfeiture or file a petition to reinstate said bail bond within the six month period;
(3) suspension of the license of a bondsman by a Court of Common Pleas elsewhere in the Commonwealth of Pennsylvania for reasons other than failure to maintain an office in the county in which he was suspended;
(4) suspension of the license of a fidelity or surety company by the Insurance Department of the Commonwealth of Pennsylvania;
(5) non compliance by a fidelity or surety company with the requirements of 42 Pa. C.S.A. §5747;
(6) non compliance by a bondsman with the requirements of 42 Pa. C.S.A. §5746(b).
(g) Whenever bail has been forfeited with respect to a defendant for whom bail has been posted by a professional bondsman or surety company or fidelity company, the amount of said forfeited bail shall, pursuant to Pa. R.Crim.P. 4016, be deducted and withdrawn by the Clerk of Courts Criminal from the security posted by the said bondsman or company pursuant to these rules. Within ten (10) days after notice to the bondsman or company of such withdrawal by the Clerk of Courts Criminal, the said bondsman or company shall replenish the posted security
to maintain Twenty five Thousand ($25,000.00) Dollars as security. Failure, after such notice, so to replenish the security shall (1) require notice by the Clerk of Courts Criminal of such failure to the District Attorney, and (2) be grounds for removal of the name of the bondsman or fidelity or surety company from the approved list.
(h) The Clerk of Courts Criminal may make additions to or deletions from the approved list at any time. When there is an addition to or deletion from the list, the Clerk of Courts Criminal shall distribute copies of the list to the District Attorney of Northampton County, Public Defender of Northampton County, Bail Agency, Warden, and to the Court Administrator, who shall distribute the list to all sitting Judges and District Justices of the Third Judicial District. An updated list shall be distributed at least once every twelve months, notwithstanding the absence of any additions or deletions from the list.
(i) No person or office may accept bail from a bondsman, a fidelity company or a surety company that is not included on the current approved list.
Adopted December 3, 1996; effective January 20, 1997.
Created at 1/29/2016 10:30 AM by Vitek Gajewski
Last modified at 1/29/2016 10:30 AM by Vitek Gajewski
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