2.6 Reporting Requirements for Bondsmen and Insurers

Outline item II.J, Reporting requirements, cites 114CSR103-15. It lists (1) the annual report by insurers, covering appointment terminations, administrative actions and additional information requests, and (2) mandatory reporting, covering criminal prosecution and administrative action (15.6 and 15.7). Deadlines are the testable core, so this section ends with one table of every reporting clock in the rule.

Reports by professional bondsmen: 15.1 and 15.2

To evaluate a professional bondsman's financial responsibility, the Commissioner may require a report on request, as often as it considers necessary, filed electronically. It shows, for each bond:

1. each individual bonded;
2. the date the bond was given;
3. the principal sum of the bond;
4. the county where the bond was issued;
5. the court file or docket number; and
6. the fee charged for the bonding service.

The Commissioner may verify the report with the clerk of the county court where the bond was issued (15.2). A report that is not filed, or is materially untrue, is a ground for suspension or revocation (11.1.12).

Reports by insurers: 15.3 to 15.5 and 15.9

Rule 15.9 applies to bondsmen and insurers alike.

Mandatory self-reporting by bondsmen: 15.6 and 15.7

Administrative actions (15.6). A bondsman must report any administrative action taken against him or her in another jurisdiction, or by another government agency in West Virginia, within 30 days of the final disposition. The report includes a copy of the final order, consent order, settlement agreement or other relevant documents.

Criminal prosecutions (15.7). Within 10 days of the initial pretrial hearing date, a bondsman must report any criminal prosecution against him or her in any jurisdiction. The report includes:

• a copy of the initial criminal complaint;
• the order resulting from the pretrial hearing; and
• any other relevant legal document.

The two clocks start at different events. The administrative clock starts at final disposition. The criminal clock starts at the initial pretrial hearing date, long before any conviction. The criminal report is required even if the bondsman is later acquitted.

Reports by others (15.8). Law-enforcement agencies, prosecutors' offices, court clerks and insurers that know a licensed bondsman has been convicted of, or pled guilty or no contest to, any crime should immediately notify the Commissioner.

Bankruptcy and receivership: 114CSR103-12

If a licensed bondsman, or a bail bond business in which the bondsman holds a management or ownership position, files under the U.S. Bankruptcy Code or a state receivership law:

• the bondsman must notify the Commissioner within five working days after the filing;
• if not, the license is immediately suspended pending investigation and hearing;
• the Commissioner then notifies all detention facilities and courts in West Virginia of the suspension within five working days, and may do so electronically;
• the Commissioner is not liable for the debts of a bankrupt bondsman.

Confidentiality: 15.10

Documents and information that an insurer furnishes, or that the Commissioner obtains in an investigation under the rule, are confidential by law and privileged. They are not public records under Chapter 29B, not subject to subpoena, and not discoverable in private civil actions. Information sharing follows W.Va. Code §33-2-19. The Commissioner may still use them in regulatory or legal action.

Every reporting clock in one table

Exam traps

• Criminal: 10 days from the initial pretrial hearing. Administrative: 30 days from final disposition.
• Bankruptcy: five working days, or immediate suspension.
• Professional bondsman reports are on request, not on a fixed monthly or annual schedule.
• Quarterly and annual reports are the insurer's job, not the individual surety bondsman's.