Arizona Department of Insurance

Bail Recovery Agent

Thu, 07/24/2014 - 07:21

BAIL RECOVERY AGENT MENU

Tue, 09/10/2019 - 14:27

Warning - Phishing Scam

We are aware of a phishing scam targeting insurance professionals claiming that the National Association of Insurance Commissioners received a complaint that the professional submitted a falsified claim. This fraudulent email displays the NAIC and CIPR logos, can originate from what appears to be an naic.org or gmail.com email account, and instructs the recipient to click on a link to download the complaint notification.

Certain antivirus products will detect this as a malicious email.  If you receive a similar email and have any concerns, contact the NAIC Service Desk at (816) 783-8500 or [email protected].

WHAT IS A BAIL RECOVERY AGENT?

A bail recovery agent, also known as a bounty hunter or fugitive recovery agent, is an individual (other than an attorney or law enforcement officer) utilized by a surety company or bail bond agent to apprehend a defendant who was released on bail and who failed to appear in court when required. ARS § 13-3885(A) and (G)(3).

WHO MUST BE REGISTERED?

Prior to retaining, employing, hiring as an independent contractor or otherwise utilizing you as a bail recovery agent, a surety company or bail bond agent must verify that you are qualified to act as a bail recovery agent.

Within 24 hours after retaining, employing, hiring as an independent contractor or otherwise utilizing a bail recovery agent, a surety company or bail bond agent must complete and submit Form L-BRA (Notice of Bail Recovery Agent Utilization).

The Arizona Department of Insurance does not issue licenses for bail recovery agents; however, you must satisfy certain requirements before acting as a bail recovery agent.

ARS § 41-1030(G) requires most Arizona government agencies to prominently print the provisions of ARS § 41-1030(B), (D), (E) and (F) on all license applications.  The following is the language in ARS § 41-1030(B), (D), (E) and (F):

B.        An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition.

D.        This section may be enforced in a private civil action and relief may be awarded against the state.  The court may award reasonable attorney fees, damages and all fees associated with the license application to a party that prevails in an action against the state for a violation of this section.

E.        A state employee may not intentionally or knowingly violate this section.  A violation of this section is cause for disciplinary action or dismissal pursuant to the agency’s adopted personnel policy.

F.         This section does not abrogate the immunity provided by section 12-820.01 or 12-820.02.

Wed, 02/04/2015 - 06:39

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