Pre-licensing and continuing education courses, on-the-job training, and examinations shall be based on the following subjects, laws and rules:

1. A. Subjects:

   1. (1) ethics;
   2. (2) bond forfeiture procedures;
   3. (3) rights of the accused;
   4. (4) permitted and prohibited rates and charges;
   5. (5) receipt and return of collateral security;
   6. (6) financial management, accounting, trust account maintenance, and fiscal responsibilities;
   7. (7) violations of law and applicable penalties;
   8. (8) procedures for recovering a defendant who fails to appear and for returning a defendant to custody;
   9. (9) record-keeping requirements;
   10. (10) reporting requirements; and
   11. (11) other relevant issues confronting the bail bond business in New Mexico.

2. B. Laws:

   1. (1) Chapter 59A, Article 51 NMSA 1978, the Bail Bondsmen Licensing Law;
   2. (2) all NMSA 1978 articles and sections cited in the bail bondsmen licensing law;
   3. (3) Chapter 31, Article 3, NMSA 1978, Bail; and
   4. (4) Chapter 46, Article 6 NMSA 1978, Surety Bonds.

3. C. Rules:

   1. (1) Rule 5-401 et seq. NMRA 1999, Rules of Criminal Procedure for the district courts;
   2. (2) Rule 6-401 et seq. NMRA 1999, Rules of Criminal Procedure for the magistrate courts;
   3. (3) Rule 7-401 et seq. NMRA 1999, Rules of Criminal Procedure for the metropolitan courts;
   4. (4) Rule 8-401 et seq. NMRA 1999, Rules of Criminal Procedure for the municipal courts;
   5. (5) Forms 9-302 through 9-311 NMRA 1999, Criminal Forms;
   6. (6) 13.4.7 NMAC, continuing education requirements; and

   7. (7) this rule.

      [13 NMAC 20.2.10 - Rp, 13.20.2.10 NMAC, 7/11/17]