3 CCR 702-7
DEPARTMENT OF REGULATORY AGENCIES BAIL REGISTRANTS 3 CCR 702-7 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Regulation 7-1-1 Registration Requirements, Fees for Cash-Bonding Agents and Professional Cash-Bail Agents Section 1 Authority Section 2 Scope and Purpose Section 3 Applicability Section 4 Definitions Section 5 Original Registration, Renewal and Reinstatement Section 6 Expiration Dates Section 7 Notices from Registrants Section 8 Premium Fee Statement and Premium Fee Payment Section 9 Severability Section 10 Enforcement Section 11 Effective Date Section 12 History Section 1 Authority This regulation is promulgated and adopted by the Commissioner of Insurance under the authority of §§10-1-109(1), 10-23-102, and 10-23-104, C.R.S.
Section 2 Scope and Purpose This regulation sets forth the procedures and fees related to obtaining, maintaining, renewing and reinstating registration as a Cash-Bonding Agent or Professional Cash-Bail agent with the Division. This regulation also sets forth the format for filing the premium fee statement required by § 10-23-104(1)(d), C.R.S and paying the associated premium fee required by § 10-23-104, C.R.S. Section 3 Applicability This regulation shall apply to any individual registered as a Cash-Bonding Agent or a Professional Cash- Bail Agent, any individual seeking to renew or reinstate registration as a Cash-Bonding Agent or a Professional Cash-Bail Agent, any individual seeking original registration as a Professional Cash-Bail Agent, and any individual automatically converted to registration as a Cash-Bonding Agent or a Professional Cash-Bail Agent on July 1, 2012.
Section 4 Definitions A. “Division” means the Colorado Division of Insurance B. “Grace Period” means the 60 day period of time allowed under § 10-23-102(3)(b), C.R.S.
C. “Original Registration” means the process whereby an individual not licensed as a Professional Cash-Bail Agent on June 30, 2012 obtains initial registration as a Professional Cash-Bail Agent from the Division.
D. “Reinstatement, reinstate or reinstated” means your registration has been expired for less than one year, but you are outside of the 60 day grace period allowed under § 10-23-102(3)(b), C.R.S.
E. “Reporting Period” means January 1 through December 31 of the year prior to the year in which Premium Fee Statement or Statement of No Premium is due. Section 5 Original Registration, Renewal and Reinstatement A. An individual who applies for Original Registration must:
B. Registration renewal notices are generally mailed 90 days before the registration expiration date. An individual who applies to renew a registration must:
C. An individual who applies for Reinstatement of a registration must:
D. A Registrant whose registration has been expired or inactive for more than one year shall be required to apply in the same manner as is required for Original Registration, including satisfying the requirement that the individual be licensed as an insurance producer who furnishes bail bonds in Colorado for the four years prior to applying for re-registration. Section 6 Expiration Dates A. All Registrations are biennial and expire on the first (1st) day of January.
B. All Registrants that were licensed on June 30, 2012 as a Cash-Bonding Agent or Professional Cash-Bail Agent under Article 7 of Title 12 will be automatically converted to a registrant and will have a registration renewal date that is equal to the expiration date as it existed on the license, either January 1, 2013 or January 1, 2014.
C. New Registrants will be given an initial registration expiration date that is no earlier than 12 months from the original registration date.
D. Registrations that are expired but renewed within Grace Period will be given an initial expiration date that is no earlier than 12 months from the original registration date.
E. Registrations that are reinstated outside of the Grace Period and within one year of the expiration date will be given a renewal date that is no earlier than 12 months from the reinstatement date.
F. A Registrant who does not renew his or her registration within Grace Period shall be treated as having an expired registration and shall be prohibited from acting as Cash Bonding-Agent or Professional Cash-Bail Agent until and unless such registration is reinstated. Section 7 Notices from Registrants A. Registrants shall inform the Division of any name, address, telephone, or email change within 30 days of the change. All notifications must be in writing and submitted in a manner prescribed by the Division. A marriage license, divorce decree, court order, or other documentation deem sufficient by the Division is required to change a name or correct a social security number.
B. A registrant shall register with the Division the use of any assumed or fictitious name under which the registrant conducts business prior to using the assumed name. A registrant must provide the Division with written notice of any discontinuance of an assumed or fictitious name within 30 days of its discontinuance.
Section 8 Premium Fee Statement and Premium Fee Payment A. Each Cash Bonding-Agent and Professional Cash Bail-Agent must file a complete Premium Fee Statement or Statement of No Premium for the Reporting Period with the Division, as applicable, by January 15th each year.
B. The following information must be completed on the Premium Fee Statement for every bond written during the Reporting Period:
C. If a Cash-Bonding Agent or Professional-Cash Bail Agent did not write any bail bonds during the reporting period, the individual must file a completed Statement of No Premium.
D. All Premium Fee Statements and Statements of No Premium must be filed electronically using the Division’s web-based application, which is available on the Division’s website. The Division will not accept filings in any other format or manner.
E. Any Premium Fee must be received by the Division no later than January 15th and must be paid via check or money order.
F. A Cash-Bonding Agent or Professional Cash-Bail Agent who fails to file a completed Premium Fee Statement or Statement of No Premium by the due date, or fails to submit full payment of the required premium fee by the due date is subject to the penalties and sanctions set forth in § 10- 23-104, C.R.S.
Section 9 Severability If any provision of this regulation or the application thereof to any person or circumstances is for any reason held to be invalid, the remainder of this regulation shall not be affected. Section 10 Enforcement Noncompliance with this regulation may result in the imposition of any of the sanctions made available in Article 23 of Title 10, or other laws, which include the imposition of civil penalties, issuance of cease and desist orders, and/or suspension or revocation of registration, subject to the requirements of due process. Section 11 Effective Date This regulation is effective March 15, 2021.
Section 12 History Emergency Regulation 12-E-11, Effective July 1, 2012.
New Regulation effective October 15, 2012.
Amended Regulation effective March 15, 2021.
Regulation 7-1-2 CASH-BONDING AGENT AND PROFESSIONAL CASH-BAIL AGENT CASH QUALIFICATION BOND REQUIREMENTS AND PROVISIONS FOR RELEASE OF QUALIFICATION BOND Section 1 Authority Section 2 Scope and Purpose Section 3 Applicability Section 4 Definitions Section 5 Qualification Bond Section 6 Procedures for Release of Qualification Bond Section 7 Severability Section 8 Enforcement Section 9 Effective Date Section 10 History Section 1 Authority This regulation is promulgated and adopted by the Commissioner under the authority of § § 10-1-109, and 10-23-105, C.R.S.
Section 2 Scope and Purpose Pursuant to § 10-23-105, C.R.S., Cash-Bonding Agents and Professional Cash-Bail Agents are required to post a cash qualification bond in the amount of $50,000 to secure payment of defaulted bonds and to pay any final, non-appealable judgment for failure to return collateral, including costs and attorney's fees, if awarded. This regulation sets forth the terms and conditions for such qualification bonds including the procedures required release of the qualification bond.
Section 3 Applicability This regulation shall apply to any individual currently registered as a Cash-Bonding Agent or a Professional Cash-Bail Agent; any individual seeking to renew a Cash-Bonding Agent or a Professional Cash-Bail Agent registration; any individual seeking to obtain registration as a Professional Cash-Bail Agent and any Cash-Bonding Agent or Professional Cash-Bail Agent seeking the release of their qualification bond.
Section 4 Definitions A. "Commissioner" means the office of the Commissioner of Insurance as established in § 10-1- 104(1), C.R.S. Reference to the Commissioner in this Regulation means any past, present, or future Commissioner who holds said office.
B. "Division" means the Colorado Division of Insurance.
C. "Qualification bond" is defined at § 10-23-105, C.R.S.
D. "Registrant" means a Cash-Bonding Agent or Professional Cash-Bail Agent that is or was registered with the Division of Insurance under Article 23 of Title 10. Section 5 Qualification Bond A. Qualification Bond Requirements for Cash-Bonding Agents
B. Qualification Bond Requirements for Professional Cash-Bail Agents
Section 6 Procedures for Release of the Qualification Bond Section 10-23-105(5), C.R.S. requires that the Division, upon request by the person who posted the qualification bond to be registered, release the bond if the person has not been registered or licensed to write a bond as a Cash-Bonding Agent or Professional Cash-Bail Agent within the last seven (7) years. The Division will also consider release of the bond in the following situations:
Permanent Regulation 7-1-2, Effective October 15, 2012 Regulation 7-1-3 CONCERNING RECORD KEEPING FOR CASH-BONDING AGENTS AND PROFESSIONAL CASH-BAIL AGENTS, AND THE FORMAT OF THE REQUIRED DISCLOSURE STATEMENT Section 1 Authority Section 2 Scope and Purpose Section 3 Applicability Section 4 Definitions Section 5 Rules Section 6 Severability Section 7 Enforcement Section 8 Effective Date Section 9 History Appendix A Disclosure Statement Section 1 Authority This regulation is promulgated and adopted by the Commissioner of Insurance under the authority of §§ 10-1-109, 10-23-102, and 10-23-108, C.R.S.
Section 2 Scope and Purpose The purpose of this regulation is to set forth the format of the Disclosure Statement required by § 10-23- 108(2), C.R.S. and describe additional documents that must be retained by Cash-Bonding Agents and Professional Cash-Bail Agents pursuant to § 10-23-108(5), C.R.S. Section 3 Applicability This regulation shall apply to Cash-Bonding Agents and Professional Cash-Bail Agents who are registered to write bail bonds in the state of Colorado. Section 4 Definitions As used in this regulation, and unless the context requires otherwise:
A. “Disclosure Statement” means the form contained in Appendix A of this regulation.
B. “Division” means the Colorado Division of Insurance.
C. “Transaction” a bail transaction occurs at the earliest of the issuance or execution of any of the documents listed in § 10-23-108, C.R.S., the payment of premium, or the taking of collateral. Section 5 Rules A. Disclosure Statement
B. Records Required to be Maintained
Section 6 Severability If any provision of this regulation or the application of it to any person or circumstance is for any reason held to be invalid, the remainder of the regulation shall not be affected. Section 7 Enforcement Noncompliance with this regulation may result in the imposition of any of the sanctions made available in Article 23 of Title 10 of the Colorado Revised Statutes, or other laws, which include the imposition of civil penalties, issuance of cease and desist orders, and/or suspensions or revocation of registration, subject to the requirements of due process.
Section 8 Effective Date This regulation is effective October 30, 2024.
Section 9 History Originally issued as Emergency Regulation 12-E-08, effective July 1, 2012. Regulation 7-1-3, effective October 15, 2012.
Amended Regulation 7-1-3, effective February 1, 2014.
Amended Regulation effective October 30, 2024.
Appendix A DISCLOSURE STATEMENT APPENDIX A DISCLOSURE STATEMENT (PREPRINTED or STAMPED NAME OF THE CASH-BONDING AGENT OR PROFESSIONAL CASH- BAIL AGENT WHO POSTED THE BOND WITH THE COURT)
(PHYSCIAL ADDRESS AND PHONE NUMBER OF THE Cash-Bonding Agent or Professional Cash-Bail Agent WHO POSTED THE BOND WITH THE COURT FOR DELIVERY OF THE BOND DISCHARGE) Name of the Defendant:
Case No. or Arrest No.:___________________________________________________________ Amount of Bail:
Amount of Premium Charged:
Name of Third Party Indemnitor:
Amount of Collateral:
Detailed Description of Collateral:
Court and County in which the bond is executed:
RE: COLLATERAL Pursuant to § 18-13-130, C.R.S., your Cash-Bonding Agent or Professional Cash-Bail Agent must return any nonforfeited collateral to you within fourteen (14) days of receiving a copy of the court order that results in the release of the bond by the court. In order to begin this process, you may deliver a copy of the court order resulting in a release of the bond by the court to the Cash-Bonding Agent or Professional Cash-Bail Agent who posted the bond with the court. Pursuant to § 10-23- 108(3.5)(d), C.R.S., your reconveyance of title, certificate of discharge, or a full release of any lien shall be provided within 35 days after receiving notice that the time for appealing an order that exonerated the bail bond has expired.
Cash-Bonding Agents and Professional Cash-Bail Agents are regulated by the Colorado Division of Insurance. TO ENSURE THE PROMPT RETURN OF YOUR COLLATERAL, THE DIVISION RECOMMENDS YOU HAND DELIVER THE COURT’S BOND DISCHARGE/BOND RELEASE TO THE CASH-BONDING AGENT OR PROFESSIONAL CASH-BAIL AGENT WHO POSTED THE BOND AND OBTAIN A RECEIPT FROM THE CASH-BONDING AGENT OR PROFESSIONAL CASH-BAIL AGENT WHO POSTED THE BOND SHOWING THE DATE YOU DELIVERED THE DISCHARGE/RELEASE. If you deliver the bond discharge/release to the Cash-Bonding Agent or Professional Cash-Bail Agent who posted the bond by mail, it is suggested to use certified mail, return receipt requested. YOU SHOULD RETAIN A COPY OF ALL DOCUMENTS RELATED TO THIS BAIL BOND. Pursuant to § 10-23-109, C.R.S., the Cash-Bonding Agent or Professional Cash-Bail Agent who posted the bond with the court, with your consent, may use your collateral to secure the following obligations: • compliance with the bond issued on behalf of the defendant (which may include costs associated with recovering the defendant should the defendant fail to appear for any court appearance associated with this bond if the court revokes the defendant’s bond); • any balance due on the premium, commission, or fee for the bond; and • any related costs incurred by the agent as a result of issuing the bond. READ ALL AGREEMENTS WITH THE CASH-BONDING AGENT OR PROFESSIONAL CASH-BAIL AGENT CAREFULLY. BE SURE YOU UNDERSTAND ALL OF THE TERMS YOU ARE AGREEING TO.
I have read and understood this Disclosure Statement and consent that the Cash-Bonding Agent or Professional Cash-Bail Agent in this matter may use my collateral to secure the above obligations. ___________________________________________________________ ____________ Signature of defendant or third party indemnitor Date I certify that the terms of this Disclosure Statement as it pertains to collateral are not inconsistent with the Executed Agreement/Indemnity Agreement in this matter.
____________________________________________________________ ____________ Signature of the Cash-Bonding Agent or Professional Cash-Bail Agent Date _________________________________________________________________________ Editor’s Notes History Entire rule emer. rule eff. 07/01/2012.
Entire rule eff. 10/15/2012.
Regulation 7-1-3 eff. 02/01/2014.
Regulation 7-1-1 eff. 03/15/2021.
Regulation 7-1-3 eff. 10/30/2024.