2.2 Applicant Qualifications under 114CSR103-3.2.1
Key Takeaways
A West Virginia bail bondsman applicant must be at least 21 years old and a U.S. citizen (114CSR103-3.2.1.b and 3.2.1.c).
An applicant must not have been convicted of, or pled guilty or no contest to, any felony (114CSR103-3.2.1.h and 3.12).
Applicants must disclose the charge, date, court and disposition of every conviction other than a minor traffic offense (114CSR103-3.2.1.i).
The employee list required by 114CSR103-3.2.1.k must be updated with the Commissioner within 10 working days of any hire or departure.
After a denial, the Commissioner will not consider more than one application from the same person within six months (114CSR103-3.5).
Outline item II.B, Qualifications, is the longest list in Category II. Its twelve numbered points map onto 114CSR103-3.2.1. It is a list exam writers love: expect "which of the following is not required" questions, and age and felony questions.
The application items in order
Each applicant applies on the Commissioner's form and complies with W.Va. Code §33-12-37 on criminal history record checks (114CSR103-3.2). The application must provide:
| Rule | Outline item | What the application must show |
|---|---|---|
| 3.2.1.a | Address | Home and business address, home and business phone, email, and current occupation |
| 3.2.1.b | Age | Applicant is at least 21 years of age |
| 3.2.1.c | Citizenship | Applicant is a citizen of the United States |
| 3.2.1.d | Authority | If previously authorized to post criminal bonds in WV or anywhere else: whether any bond was ever forfeited, plus a contact person for it |
| 3.2.1.e | Default of payment | Whether the applicant is in default on any forfeited bail bond or recognizance in any court, with amount, forfeiture date, court and case style |
| 3.2.1.f | Knowledge, training, experience | Knowledge, training or experience sufficient to prove competence to fulfil a bondsman's responsibilities |
| 3.2.1.g | Driver's license | A valid and current driver's license or identification card |
| 3.2.1.h | Past convictions | No prior felony conviction or guilty or no-contest plea |
| 3.2.1.i | Past criminal history | Charge, date, court and disposition of every offense other than a minor traffic offense for which the applicant was convicted |
| 3.2.1.j | Completion of affidavit | An affidavit that the applicant has read, understands and will obey 114CSR103 and W.Va. Code §51-10-1 et seq. |
| 3.2.1.k | Employee information | A list of each employed agent, clerk or representative (name, age, residence), updated within 10 working days of any change |
The OIC carries these items into its forms. The Supplemental Bail Bondsman Application asks for the driver's license or ID number and state of issuance, training and experience, prior bonding authority, forfeitures, payment defaults and current outstanding bond liability. Form A is the notarized affidavit, and Form B is the list of employees engaged in the bonding business.
Notes on the trickier items
Age 21. The bail rule sets 21. Do not confuse it with the general minimum age for an insurance producer license.
Citizenship. The rule says "citizen of the United States." Neither the rule nor W.Va. Code §51-10-8 imposes a West Virginia residency requirement. The OIC application packet includes items for non-resident surety bondsman applicants: proof of home-state good standing and of a producer license with limited lines surety or property and casualty authority.
Driver's license or ID. Any valid and current driver's license or identification card. The form records the issuing state.
Prior authority and defaults (d and e). The OIC wants to know about forfeited bonds and unpaid forfeitures anywhere. Failure to pay forfeited bonds to a court is also a later ground for suspension or revocation (11.1.14).
The felony bar
The felony rule appears three times:
- 3.2.1.h: the applicant has not been convicted of, or pled guilty or no contest to, any felony.
- 3.12: a person convicted of a felony is not qualified and the Commissioner shall not license that person. The Commissioner shall revoke or not renew the license of a bondsman convicted of a felony after licensure. The Commissioner also shall not renew the license of a bondsman with a previous felony conviction who was licensed before the subsection was enacted.
- W.Va. Code §51-10-8(c): the Commissioner must consider financial responsibility and moral qualities. A person convicted of any offense involving moral turpitude, or not known to be a person of good moral character, shall not be licensed.
Misdemeanors do not automatically disqualify, but they must be disclosed under 3.2.1.i (minor traffic offenses excepted). A misdemeanor involving moral turpitude can bar licensing under §51-10-8(c). Concealing an offense is a separate problem. A material misstatement on the application is a suspension and revocation ground (11.1.3), and any reason that would have justified denial is too (11.1.1).
Checking the application: 114CSR103-3.3
The Commissioner may:
- require any documents reasonably necessary to verify the application;
- send reasonable interrogatories about qualifications, residence, prospective place of business and anything else needed to protect the public;
- conduct any reasonable inquiry or investigation into fitness, including a criminal history record check under §33-12-37.
Everything gathered under section 3 of the rule is confidential. It is not open to public inspection and is exempt from subpoena and from Chapter 29B. The Commissioner may still use it in regulatory or legal action.
Denial and reapplication
A person whose application is denied may reapply, but the Commissioner will not consider more than one application from the same person within a six-month period (114CSR103-3.5). Failing to pay the $200 application fee at the time of application also results in denial (114CSR103-3.4).
Exam traps
- Address, not residency. 3.2.1.a asks for home and business addresses. It does not require West Virginia residence.
- No-contest pleas count. A felony plea of no contest disqualifies just like a conviction.
- Disclose everything except minor traffic offenses.
- Ten working days for employee-list changes. Compare 30 days for the bondsman's own contact changes (3.11).
What is the minimum age for a West Virginia bail bondsman applicant under 114CSR103-3.2.1.b?
18 years
21 years
19 years
25 years
An applicant pled no contest to a felony ten years ago in another state. How does 114CSR103 treat the application?
The plea is ignored because it happened outside West Virginia
The applicant qualifies once ten years have passed since the plea
Not qualified: a felony no-contest plea disqualifies
The applicant qualifies if the plea is disclosed on the application
Which offense may an applicant leave off the criminal history disclosure required by 114CSR103-3.2.1.i?
A minor traffic offense
A misdemeanor theft conviction
A misdemeanor later followed by probation
Any misdemeanor more than five years old
Sections you finish are checked off in the contents.