1. A. General provisions

   1. 1. Effective date

      1. a. On and after, the effective date of this Section, all bail transactions shall be conducted, directly or indirectly in full conformity with this Section.
      2. b. No surety insurer shall furnish for use and no bail bond agent shall use any forms or documents which contain any provisions contrary to this Section.
   2. 2. Authority. Authority for this Section is A.R.S. §§ 20-142, 20-143 and 20-257 and A.R.S. Chapter 2, Article 3.5.
   3. 3. Public interest served. This Section serves the public interest by prohibiting inequities in bail transactions and by establishing standards of licensing and conduct for bail bond agents.
   4. 4. Subsections as severable. The subsections of this Section shall be construed as severable, such that, where one or more subsections are held invalid, the remaining subsections will not be adversely affected.
   5. 5. Penalty. Violation of Arizona Revised Statutes, Ch. 2, Article 3.5, or this Section will subject the bail bond agent to the penalties of A.R.S. § 20-114, and to the enforcement procedures of A.R.S. §§ 20-152, and 20-160 through 20-166.

2. B. Definitions

   1. 1. “Bail transaction” includes solicitation and inducement, preliminary negotiation and effectuation of a contract of surety insurance and the transaction of matters subsequent to and arising from the bail transaction – all in connection with the release of persons arrested or confined.
   2. 2. “Bail bond agent” means any person who engages in a bail transaction on behalf of a surety insurer or representative of a surety insurer.
   3. 3. “Arrestee” means any person arrested or detained whose release on bail is solicited or procured or concerning whose release negotiations are commenced.
   4. 4. “Director” means the same as defined under A.R.S. § 20-102.

3. C. Licensing

   1. 1. Application for license. Each application for an original or renewal license as a bail bond agent shall be on a form furnished by the Director, and each applicant for a license shall furnish supplementary information and supporting statements as the Director may require.
   2. 2. Prohibited associations. A bail bond license shall not be issued to, renewed for, or maintained by any person who associates regularly with criminals, gamblers or persons of poor repute – except to the extent such association is required by business or professional duty and responsibility.
   3. 3. Transactions by unlicensed persons prohibited. A bail bond agent shall not directly or indirectly permit any person on the bail bond agent’s behalf to solicit or negotiate bail transactions unless the person is duly licensed by the Director.
   4. 4. Employees. Employees of bail bond agents performing only clerical duties need not be licensed and shall be deemed not engaged in bail transactions.

4. D. Conduct of bail bond agents

   1. 1. Disclosure of business. Every bail bond agent shall conduct their business in such a manner that the public and those dealing with the bail bond agent shall be aware of the capacity in which the bail bond agent is acting.
   2. 2. Control of employees. A bail bond agent shall exercise direct supervision over the bail bond agent’s employees and keep informed of their actions as the bail bond agent’s employees.
   3. 3. Prohibited employees. A bail bond agent shall not employ, at any time, any criminal, gambler, or person of poor repute.
   4. 4. Acting for attorney. A bail bond agent shall not receive or collect for an attorney any money or other item of value for attorney’s fee, costs, or any other purpose on behalf of an arrestee unless the bail bond agent provides a receipt.

   5. 5. Informants prohibited. A bail bond agent shall not for any purpose, directly or indirectly, enter into an arrangement of any kind or have an understanding with any person whatever, to inform or notify any bail bond agent directly or indirectly of:

      1. a. The existence of a criminal complaint;
      2. b. The fact of an arrest;
      3. c. The fact that an arrest of any person is pending or contemplated; or
      4. d. Any information pertaining to matters set forth in subsections (5)(a), (5)(b), and (5)(c) or to the persons involved in subsections (5)(a), (5)(b), or (5)(c).
   6. 6. Compliance with rules of public authority. A bail bond agent shall not solicit any person in a bail transaction in a prison or jail or other place of detention, court, or public institution connected with the administration of justice unless the bail bond agent has fully complied with every rule, regulation, and ordinance issued by each public authority governing the conduct of persons in or about the place of detention, court, or public institution connected with the administration of justice.

   7. 7. Representations to public authority

      1. a. A bail bond agent shall not make any misleading or untrue representation to a court or to a public official with respect to a bail transaction, or for the purpose of avoiding or preventing a forfeiture of bail, or of having set aside a forfeiture which has occurred.
      2. b. Every bail bond agent shall truthfully and fully answer every question asked to the bail bond agent by the Director or the Director’s representative respecting the bail bond agent’s bail transactions and matters relating to the conduct of the bail bond agent’s business. A bail bond agent may have an attorney present when answering questions from the Director or the Director’s representative.
   8. 8. Maintenance of records. Every bail bond agent shall keep complete records of all business done under authority of the bail bond agent’s license. The bail bond agent’s records shall be open to inspection or examination by the Director or the Director’s representatives at all reasonable times at the principal place of business of the bail bond agent as designated in the bail bond agent’s license.

5. E. Charges, collateral, refunds and rebates

   1. 1. Rates

      1. a. A bail bond agent shall not issue or deliver a bail bond except at the premium rates most recently filed and approved by the Director in accordance with A.R.S. § 20-357.
      2. b. A bail bond agent shall post the premium rates of the surety insurer the bail bond agent represents in a conspicuous manner at the bail bond agent’s place of business and, if applicable, on the bail bond agent’s website.

   2. 2. Charges permitted. A bail bond agent shall not, in any bail transaction or in connection with any bail transaction, directly or indirectly, charge, or collect money or other valuable consideration from any person except for the following purposes:

      1. a. To pay the premium at the rates established by the surety insurer and approved by the Director.
      2. b. To provide collateral.
      3. c. To reimburse the bail bond agent for actual and reasonable expenses incurred in connection with the individual bail transaction, including any other actual expenditure necessary to the bail transaction which is not usually and customarily incurred in connection with the ordinary operation and conduct of bail transactions.

   3. 3. Delivery of documents to arrestee

      1. a. A bail bond agent shall, at the time of obtaining the release of an arrestee on bail or immediately thereafter, deliver to the arrestee, or to the principal person with whom negotiations were made if other than the arrestee, a copy of the bail bond premium agreement, which shall include, at a minimum:

         1. i. The name of the surety insurer and the name and business address of the bail bond agent, and
         2. ii. The amount of bail and the premium for the bail bond.
      2. b. At the time of obtaining the release of an arrestee on bail, or immediately thereafter, the bail bond agent shall also deliver a statement detailing all charges in addition to the premium, the amount received on account, the unpaid balance if any, and a description of and a receipt for any collateral received to the arrestee, or to the principal person with whom negotiations were made if other than the arrestee.

   4. 4. Collateral

      1. a. A bail bond agent who receives collateral in connection with a bail transaction shall do so in a fiduciary capacity and, prior to any forfeiture of bail, shall keep all collateral separate and apart from any other funds, assets or property of the bail bond agent.
      2. b. All collateral received shall be returned to the person who deposited it with the bail bond agent or any assignee as soon as the obligation, the satisfaction of which was secured by the collateral, is discharged. Where the collateral has been deposited to secure the obligation of a bond, it shall be returned immediately upon the entry of any order by an authorized official by virtue of which liability under the bond is terminated, or, if any bail bond agent fails to cooperate fully with any authorized official to secure the termination of such liability, immediately upon the accrual of any right to secure an order of termination of liability.
      3. c. When collateral has been deposited as security for unpaid premium or charges and, if such premium or charges remained unpaid at the time of exoneration and after demand for the unpaid premium or charges has been made by the bail bond agent, collateral other than cash may be levied upon in the manner provided by law and cash collateral up to the amount of the unpaid premium or charges may be applied in payment of the unpaid premium or charges.
      4. d. If collateral received by a bail bond agent is in excess of the bail forfeited, the excess shall be returned to the indemnitor immediately upon application of the collateral to the forfeiture subject to any claim of the bail bond agent for unpaid premium or charges as provided in subsection (E)(4)(c), or as agreed to in writing by the bail bond agent and arrestee or the arrestee’s indemnitor.
   5. 5. Premium refund upon surrender of arrestee. A bail bond agent shall not surrender an arrestee to custody prior to the time specified in the bail bond for the appearance of the arrestee, or prior to any other occasion when the presence of the arrestee in court is lawfully required, without returning all premium paid for the bail bond unless as a result of judicial action, or material misrepresentation by the arrestee or the arrestee’s indemnitor with respect to the execution of the bail bond agreement, or a material and substantial increase in the hazard assumed. Failure of the arrestee to pay the premium or charges permitted under this Section, and failure to furnish collateral required by the bail bond agent, shall not be considered a material and substantial increase in the hazard assumed.
   6. 6. Rebating prohibited. A bail bond agent shall not pay or allow in any manner, directly or indirectly, to any person who is not also a bail bond agent any commission or valuable consideration on or in connection with a bail transaction. This Section shall not prohibit payments by a bail bond agent to an unlicensed person of charges by such persons for services of the kind specified in subsection (E)(2)(c).

Historical Note

Former General Rule 60-5. R20-6-601 recodified from R4-14-601 (Supp. 95-1). Amended by final rulemaking at 32 A.A.R. 637 (March 13, 2026, Issue 11), effective April 18, 2026 (Supp. 26-1).