Ind. Admin. Code tit. 760, r. 1-6.2-11 – Prelicensing and continuing education classes

Sec. 11. (a) Prelicensing and continuing education classes must be filed with and approved by the commissioner. Any of the following persons or entities may submit a prelicensing or continuing education class for approval:

(1) An individual.
(2) An insurance company.
(3) An insurance or bail trade organization.
(4) An accredited college.
(5) An insurance education association.

(b) A prelicensing or continuing education class shall include instruction for bail and recovery agents in the following areas:

(1) IC 27-10.
(2) This rule.
(3) Practical application of the statutory requirements in the field of bail bonds.
(4) Other provisions of Indiana statutes that affect bail and recovery operation including, but not limited to, IC 35.
(5) Ethics.
(6) Applicable federal laws.
(7) Technological and procedural resources used in bail and recovery operations.

All classes must be held in a structured setting with a qualified instructor approved by the commissioner under section 12 of this rule.

(1) An outline for the class including the time allocated to each topic.
(2) The class materials that will be used for teaching.
(3) The information that will be submitted to the attendees.
(4) The location where the class will be held.

(d) The application for approval shall be submitted to the commissioner along with a filing fee in the amount of forty dollars ($40) per class. The commissioner shall review the proposed class and approve or disapprove the class within ninety (90) days. If the commissioner fails to act, the class is deemed approved after ninety (90) days. A request for a hearing on any denial must be presented in writing to the commissioner within thirty (30) days after the denial is issued. A class approval is valid for one (1) year. Thereafter, the program or class must be resubmitted for review.

(e) The provider shall issue a certificate of compliance, on the form provided in section 14 of this rule, to each attendee at the end of the class. The certificate of completion shall certify that the applicant:

(1) has satisfactorily completed the class; and
(2) was present in a structured setting with an approved instructor for the requisite time period.

The provider of the class shall take attendance, signed by the attendee, at each class. The provider shall retain attendance reports for four (4) years.

(f) The commissioner may, after notice and an opportunity for a hearing, do the following:

(1) Withhold, withdraw, suspend, or revoke the approval of a prelicensing or continuing education class if the commissioner finds any of the following:
1. (A) The provider or an instructor has made a material misrepresentation on any of the following:
  1. (i) The application for approval.
  2. (ii) A certificate of completion.
  3. (iii) Attendance records.
2. (B) The provider fails to timely provide certificates of completion.
3. (C) The provider or an instructor does not display competence in the area of teaching, bail issues, or recovery issues.
4. (D) The instructor substantially deviates from the approved class materials.
(2) Assess a fine or suspend or revoke a bail or recovery agent license if the commissioner finds that the bail or recovery agent has made a material alteration to a certificate of completion.

(g) The commissioner shall maintain a current list of approved bail agent prelicensing and continuing education providers.

(h) A course [sic., that] has been approved by the Professional Bail Agents of the United States shall be approved by the department.

(i) A program that provides a bail agent professional designation may be approved by the department as continuing education.

(Department of Insurance; 760 IAC 1-6.2-11; filed Jun 30, 2006, 3:30 p.m.: 20060726-IR-760050133FRA; readopted filed Nov 21, 2012, 4:15 p.m.: 20121219-IR-760120454RFA; readopted filed Nov 13, 2018, 10:02 a.m.: 20181212-IR-760180372RFA; readopted filed Oct 31, 2024, 3:52 p.m.: 20241127-IR-760230814RFA)