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Code of Colorado Regulations › 700 Department of Regulatory Agencies › 702 Division of Insurance › 3 CCR 702-7
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1
DEPARTMENT OF REGULATORY AGENCIES
Division of Insurance
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.
Code of Colorado Regulations
Secretary of State
State of Colorado
s 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.
Code of Colorado Regulations
Secretary of State
State of Colorado
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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:
1.
Complete the required application form;
2.
Meet the minimum requirements for registration as a Professional Cash-Bail Agent as set
forth in §§ 10-23-103, 10-23-105 and 106, C.R.S. including, but not limited to, 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 registration ;
3.
Pay a registration fee of $183.00;
4.
Submit a Qualification Bond to the Division that complies with § 10-23-105, C.R.S. and
Division Regulation 7-1-2, 3 CCR 702-1; and
5.
Register any fictitious, former or trade names with the Division;
B.
Registration renewal notices are generally mailed 90 days before the registration expiration date.
An individual who applies to renew a registration must:
1.
Complete the required renewal application form; and
2.
Pay a renewal fee of $183.00.
C
t complies with § 10-23-105, C.R.S. and
Division Regulation 7-1-2, 3 CCR 702-1; and
5.
Register any fictitious, former or trade names with the Division;
B.
Registration renewal notices are generally mailed 90 days before the registration expiration date.
An individual who applies to renew a registration must:
1.
Complete the required renewal application form; and
2.
Pay a renewal fee of $183.00.
C.
An individual who applies for Reinstatement of a registration must:
1.
Complete the required application form; and
2.
Pay a renewal fee of $183.00.
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.
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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
l 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:
1.
The name of the person for whom the Cash-Bonding Agent or Professional Cash-Bail
Agent has become surety;
2.
The date the bond was posted;
3.
The amount of the bond posted by the Cash-Bonding Agent or Professional Cash-Bail
Agent;
4
plicable,
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:
1.
The name of the person for whom the Cash-Bonding Agent or Professional Cash-Bail
Agent has become surety;
2.
The date the bond was posted;
3.
The amount of the bond posted by the Cash-Bonding Agent or Professional Cash-Bail
Agent;
4.
The specific court in which the bond was posted; and
5.
The fee charged for the bond posted by the Cash-Bonding Agent or Professional Cash-
Bail Agent;
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.
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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
he 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.
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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
h-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
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orado 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
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1.
Cash-Bonding Agents previously licensed and currently registered with the Division who
have posted qualification bonds that complied with Colorado Insurance Regulation 1-2-
13, 3 CCR 702-1 must provide verification that the cash qualification bond satisfies the
new statutory requirements of Article 23 of Title 10 and of this regulation as follows:
a.
Prior to the first renewal of a Cash-Bonding Agent’s registration subsequent to
the effective date of this Regulation, the Cash-Bonding Agent must produce the
following:
(1)
The qualification bond form prescribed by the Division and attached
hereto as Appendix A to this Regulation.
(2)
A copy of the bank account application, certificate of deposit, or
commercial instrument or actual deposit of other security that evidences
that the qualification bond is solely owned and in the legal name of the
Cash-Bonding Agent, Division and Commissioner. The Division and
Commissioner must also be authorized signatories on the bank account,
certificate of deposit, commercial instrument, or other security with a right
of survivorship as described in § 10-23-105(3), C.R.S.
(3)
A statement from the bank or other financial institution where the
qualification bond is held that the bank or financial institution shall not
release such funds unless upon prior written approval or order by the
Division or Commissioner.
ies on the bank account,
certificate of deposit, commercial instrument, or other security with a right
of survivorship as described in § 10-23-105(3), C.R.S.
(3)
A statement from the bank or other financial institution where the
qualification bond is held that the bank or financial institution shall not
release such funds unless upon prior written approval or order by the
Division or Commissioner.
(4)
If the monies that fund the qualification bond consist of proceeds from a
loan, promissory note or other financial arrangement, the terms of the
loan, promissory note, or financial arrangement must be submitted to the
Division for review of their compliance with § 10-23-105, C.R.S.
b.
A Cash-Bonding Agent who fails to alter the qualification bond in compliance with
this regulation prior to the registration renewal date shall have their registration
renewal denied on grounds that the Cash-Bonding Agent has not satisfied the
requirements of registration. Once information is on file with the Division as
satisfying the requirements of this regulation, the Cash-Bonding Agent shall not
be required to submit information on future renewal applications related to the
Qualification Bond unless specifically requested by the Division. After the Cash-
Bonding Agent complies with § 10-23-105, C.R.S. and this Regulation, the Cash-
Bonding Agent must notify the Division within twenty (20) days of any change to
the Qualification Bond that results in non-compliance with § 10-23-105, C.R.S.
c.
No release of an existing qualification bond shall be granted by the Division,
unless the procedures in Section 6 below are satisfied or upon a showing by the
Cash-Bonding Agent that the monies would not be released but merely
transferred into a bank account, certificate of deposit, commercial instrument, or
other security that complies with this regulation, as approved by the
Commissioner.
B.
Qualification Bond Requirements for Professional Cash-Bail Agents
1
the Division,
unless the procedures in Section 6 below are satisfied or upon a showing by the
Cash-Bonding Agent that the monies would not be released but merely
transferred into a bank account, certificate of deposit, commercial instrument, or
other security that complies with this regulation, as approved by the
Commissioner.
B.
Qualification Bond Requirements for Professional Cash-Bail Agents
1.
Upon submission of the qualification bond to the Division at the initial application for
licensure as a Professional Cash-Bail Agent, the following information must be provided:
a.
The qualification bond form that is attached hereto as Appendix A to this
Regulation.
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b.
A copy of the bank account application, certificate of deposit, commercial
instrument, other actual deposit of other security, or a copy of the surety bond
that evidences that the qualification bond is solely owned and in the name of the
Professional Cash-Bail Agent and the Division. The Division and Commissioner
must also be authorized signatories on the bank account, certificate of deposit,
commercial instrument, or other security with a right of survivorship as described
in § 10-23-105(3), C.R.S.
c.
A statement from the bank or other financial institution where the qualification
bond is held that the bank or financial institution shall not release such funds
unless upon prior written approval or order by the Division or Commissioner.
d.
If the monies that fund the qualification bond consist of proceeds from a loan,
promissory note or other financial arrangement, the terms of the loan, promissory
note, and financial arrangement must be submitted to the Division for review of
their compliance with § 10-23-105(4), C.R.S.
2
on shall not release such funds
unless upon prior written approval or order by the Division or Commissioner.
d.
If the monies that fund the qualification bond consist of proceeds from a loan,
promissory note or other financial arrangement, the terms of the loan, promissory
note, and financial arrangement must be submitted to the Division for review of
their compliance with § 10-23-105(4), C.R.S.
2.
Professional Cash-Bail Agents previously licensed and currently registered with the
Division who have posted qualification bonds that complied with Colorado Insurance
Regulation 1-2-13, 3 CCR 702-1 must provide verification that the qualification bond
satisfies the statutory requirements of Article 23 of Title 10 and of this Regulation as
follows:
a.
At the first renewal of a Professional Cash-Bail Agent’s license subsequent to the
effective date of this Regulation, the Professional Cash-Bail Agent must produce
the following:
(1)
The qualification bond form prescribed by the Division and attached
hereto as Appendix A to this Regulation.
(2)
A copy of the bank account application, certificate of deposit, or
commercial instrument or actual deposit of other security that evidences
that the qualification bond is solely owned and in the legal name of the
Professional Cash-Bail Agent and the Division. The Division and
Commissioner must also be authorized signatories on the bank account,
certificate of deposit, commercial instrument, or other security with a right
of survivorship as described in § 10-23-105(3), C.R.S.
(3)
A statement from the bank or other financial institution where the
qualification bond is held that the bank or financial institution shall not
release such funds unless upon prior written approval or order by the
Division or Commissioner.
ies on the bank account,
certificate of deposit, commercial instrument, or other security with a right
of survivorship as described in § 10-23-105(3), C.R.S.
(3)
A statement from the bank or other financial institution where the
qualification bond is held that the bank or financial institution shall not
release such funds unless upon prior written approval or order by the
Division or Commissioner.
(4)
If the monies that fund the qualification bond consist of proceeds from a
loan, promissory note or other financial arrangement, the terms of the
loan, promissory note, and financial arrangement must be submitted to
the Division for review of their compliance with § 10-23-105, C.R.S.
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b.
A Professional Cash-Bail Agent who fails to alter the qualification bond in
compliance with this regulation prior to the registration renewal date shall have
their registration renewal denied on grounds that the Professional Cash-Bail
Agent has not satisfied the requirements of registration. Once information is on
file with the Division as satisfying the requirements of this regulation, the
Professional-Cash Bail Agent shall not be required to submit information related
to the Qualification Bond on future renewal applications unless specifically
requested by the Division. After the Professional Cash-Bail Agent complies with §
10-23-105, C.R.S. and this Regulation, the Professional Cash-Bail Agent must
notify the Division within twenty (20) days of any change to the Qualification
Bond that results in non-compliance with § 10-23-105, C.R.S.
c.
No release of an existing qualification bond shall be granted by the Division of
Insurance, unless the procedures in Section 6 below are satisfied or upon a
showing by the Professional Cash-Bail Agent that the monies would not be
released but merely transferred into a bank account, certificate of deposit,
commercial instrument, or other security that complies with this regulation, as
approved by the Commissioner
n existing qualification bond shall be granted by the Division of
Insurance, unless the procedures in Section 6 below are satisfied or upon a
showing by the Professional Cash-Bail Agent that the monies would not be
released but merely transferred into a bank account, certificate of deposit,
commercial instrument, or other security that complies with this regulation, as
approved by the Commissioner.
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:
1.
Upon request of the heir of a deceased Registrant: The Division will release the bond
upon the later of the date on which any liability covered by the bond is satisfied or the
third anniversary of the death of the Registrant.
a.
If three years have elapsed since the date of the death of the Registrant then the
heir must provide the following:
(1)
A copy of the Registrant’s death certificate; and
(2)
A written request for release of the bond including the name and address
of the appropriate heir to receive a copy of the order releasing the bond.
b.
If the heir has requested release prior to the third anniversary of the Registrant’s
death, then the heir must provide the following information at the time the request
for release is filed:
(1)
A copy of the Registrant’s death certificate;
(2)
A list of every Colorado municipal court in which the Registrant posted
bail bonds;
(3)
An original affidavit by each court clerk for the municipal courts listed in
(2) above and by the Denver County court clerk that attests that there
exists no bail bond liability in said court for the Registrant;
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gistrant’s death certificate;
(2)
A list of every Colorado municipal court in which the Registrant posted
bail bonds;
(3)
An original affidavit by each court clerk for the municipal courts listed in
(2) above and by the Denver County court clerk that attests that there
exists no bail bond liability in said court for the Registrant;
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(4)
An affidavit stating that all collateral, including deeds of trust, held by the
Registrant have been released or that the estate disclaims any interest in
collateral, including deeds of trust, taken by the Registrant during the
course of their business as a Cash-Bonding Agent or Professional Cash-
Bail Agent.
2.
Upon request of a former Registrant: The Division may release a qualification bond within
the seven (7) year period specified in § 10-23-105(5), C.R.S. if:
a.
The request for release is in writing and signed and notarized by the Registrant;
b.
The request for release includes the date the Registrant’s registration was no
longer effective;
c.
The request for release includes a list of every Colorado municipal court in which
the Registrant posted bail bonds;
d.
The request for release has attached an original affidavit by each court clerk for
the municipal courts listed in (3) above and by the Denver County court clerk that
attests that there exists no bail bond liability in said court for the Registrant; and
e.
The request for release has attached an original affidavit by the Registrant that
all collateral taken as security on a bail bond has been returned or released.
3.
The Division will conduct an investigation upon receipt of a request for release that
contains all of the required information in paragraphs 1 or 2 above. This investigation
may involve, but is not limited to, verifying the information in the request, requesting
additional information from the Registrant and verifying information with any Colorado
courts.
4
l bond has been returned or released.
3.
The Division will conduct an investigation upon receipt of a request for release that
contains all of the required information in paragraphs 1 or 2 above. This investigation
may involve, but is not limited to, verifying the information in the request, requesting
additional information from the Registrant and verifying information with any Colorado
courts.
4.
Upon completion of the Division’s investigation, the Division will send the Registrant a
settlement agreement, in which the Registrant agrees that if any bail bond liability
continues to exist notwithstanding the execution of the affidavits, that the Registrant will
be liable and satisfy any such bail bond liability should it arise. The settlement agreement
will also require the Registrant to attest that all collateral that had been taken for any and
all bonds posted under the qualification bond to which the Registrant seeks to release,
has been returned to all rightful defendants or third party indemnitor(s), unless rightfully
used pursuant to § 10-23-109(2),C.R.S.
5.
Upon receipt of the signed settlement agreement, and upon confirmation that all such
other procedures have been satisfied, the Commissioner, in his or her sole discretion,
may order a release on the hold of the qualification bond.
Section 10
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 11
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.
CODE OF COLORADO REGULATIONS
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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.
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Section 12
Effective Date
This regulation shall become effective October 15, 2012.
Section 13
History
Emergency Regulation 12-E-06, effective July 1, 2012.
Permanent Regulation 7-1-2, Effective October 15, 2012
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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
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
1.
The Disclosure Statement must not be altered and must be issued in the format
contained in Appendix A.
2.
The Disclosure Statement must be signed and dated by the Cash-Bonding Agent or
Professional Cash-Bail agent that posted the bond and the defendant or third party
indemnitor.
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3.
A Disclosure Statement must be provided to each defendant who provides consideration,
pays premium or pledges collateral and to each third party indemnitor who provides
consideration, pays premium or pledges collateral.
B.
Records Required to be Maintained
1.
Section 10-23-108(5), C.R.S., requires that certain records be maintained by the Cash-
Bonding Agent or Professional Cash-Bail Agent who posts the bail bond with the court.
The following records must also be maintained by the Cash-Bonding Agent or
Professional Cash-Bail Agent who posts the bail bond with the court:
a.
Copies of all documents related to the bail transaction.
b.
Copies of all voided documents related to the bail transaction regardless of the
reason for the document being voided.
c.
Copies of all documents related to a bail bond that is voided or cancelled by the
court.
2.
Documents must be maintained for three years after the later of:
a.
The date of discharge of the bail bond and return of any collateral;
b
l documents related to the bail transaction.
b.
Copies of all voided documents related to the bail transaction regardless of the
reason for the document being voided.
c.
Copies of all documents related to a bail bond that is voided or cancelled by the
court.
2.
Documents must be maintained for three years after the later of:
a.
The date of discharge of the bail bond and return of any collateral;
b.
Proof of notice to the defendant or indemnitor that any promissory note has been
satisfied; or
c.
The date the bail bond was voided or cancelled by the court.
3.
If a bond was never posted with the court then all documents related to the transaction
must be maintained for three years from the date the documents were prepared and must
be maintained by the Cash-Bonding Agent or Professional Cash-Bail Agent that signed
the document.
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.
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Appendix A
DISCLOSURE STATEMENT
ffective 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.
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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
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.
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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.
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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
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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.