- (a) The State Board of Collection Agencies, upon finding a licensee has failed to pay its client or clients shall make a claim on the licensee’s surety bond.
(b) The board shall proceed as follows:
(1) Notice.
- (A) The board and/or director shall notify interested parties of the noncompliance.
- (B) This notice shall contain the name and address of the licensee whose bond has been collected and how to file a proper claim.
- (C) The notice may be served by certified mail and/or by publishing once a week for two (2) consecutive weeks in a newspaper that has a statewide circulation;
(2) Claims.
- (A) Claims must be filed within ninety (90) days following the notice date.
- (B) Claims must include the name and address of the claiming party, an itemized list of the amounts claimed, and any information or documentation required by the board; and
(3) Awards.
- (A)
(i) At the expiration of ninety (90) days, the board shall hold a hearing to determine the amount, if any, to be awarded on the claims.
(ii) Notice of the hearing shall be given to all who filed timely claims.
- (iii) At the hearing, the board:
- (a) (a) May hear evidence to determine the validity of any or all claims; and
(b) (b) Shall either approve or deny the claims.
(B) In the event that the bond is insufficient to pay all the approved claims, disbursement shall be made on a pro rata basis.
- (C) In the event that a bond surplus arises, the funds may be returned to the bonding company, at the discretion of the board.