BUSINESSES RELATED TO BAIL

Nev. Rev. Stat. 697
in effect

Nev. Rev. Stat. § 697.020 Definitions.

As used in this Code, unless the context otherwise requires, the words and terms defined in NRS 697.030 to 697.075, inclusive, have the meanings ascribed to them in those sections.

Nev. Rev. Stat. § 697.030 “Bail” defined.

“Bail” means a deposit made with a court or other governmental agency to secure or continue the release from custody and to guarantee the appearance of the defendant in a criminal proceeding. The term includes bail bonds, undertakings of bail and any pledge or deposit of the matters described in NRS 697.320.

Nev. Rev. Stat. § 697.040 “Bail agent” defined.

“Bail agent” means any individual appointed by an authorized surety insurer by power of attorney to execute or countersign undertakings of bail in connection with judicial proceedings and who receives or is promised money or other things of value therefor.

Nev. Rev. Stat. § 697.055 “Bail enforcement agent” defined.

“Bail enforcement agent” means a person who has contracted with or is employed by a surety or bail agent as a special agent to enforce the terms and conditions of a defendant’s release from custody on bail in a criminal proceeding, to locate a defendant and to apprehend a defendant or surrender a defendant to custody, or both, if appropriate.

Nev. Rev. Stat. § 697.060 “Bail solicitor” defined.

“Bail solicitor” means a person employed by a bail agent to solicit bail transactions as a representative of the bail agent.

Nev. Rev. Stat. § 697.070 “General agent” defined.

1. “General agent” means any individual or person appointed by an insurer to supervise or manage the bail bond business written by bail agents of such insurer. 2. A general agent shall not solicit or negotiate undertakings of bail or bail bonds unless licensed as a bail agent by this state.

Nev. Rev. Stat. § 697.075 “Home state” defined.

“Home state” means the District of Columbia or any state or territory of the United States in which a bail agent maintains his or her principal place of residence or principal place of business and is licensed to act as a bail agent.

Nev. Rev. Stat. § 697.090 License required to act as bail agent, general agent, bail enforcement agent or bail solicitor; administrative fine; general restrictions on licensing by Commissioner.

1. A person in this state shall not act in the capacity of a bail agent, bail enforcement agent or bail solicitor, or perform any of the functions, duties or powers prescribed for a bail agent, bail enforcement agent or bail solicitor under the provisions of this chapter, unless that person is qualified and licensed as provided in this chapter. The Commissioner may, after notice and opportunity to be heard, impose an administrative fine of not more than $1,000 for each act or violation of the provisions of this subsection. 2. A person, whether or not located in this state, shall not act as or hold himself or herself out to be a general agent unless qualified and licensed as such under the provisions of this chapter. 3. For the protection of the people of this state, the Commissioner shall not issue or renew, or permit to exist, any license except in compliance with this chapter. The Commissioner shall not issue or renew, or permit to exist, a license for any person found to be untrustworthy or incompetent, or who has not established to the satisfaction of the Commissioner that the person is qualified therefor in accordance with this chapter.

Nev. Rev. Stat. § 697.100 Licensing of natural persons and corporations; partnership.

1. Except as otherwise provided in this section, no license may be issued: (a) Except in compliance with this chapter. (b) To a bail agent, bail enforcement agent or bail solicitor, unless he or she is a natural person. 2. A corporation may be licensed as a bail agent or bail enforcement agent if: (a) The corporation is owned and controlled by an insurer authorized to write surety in this State or a subsidiary corporation of such an insurer; or (b) Ownership and control of the corporation is retained by one or more licensed agents. 3. This section does not prohibit two or more licensed bail agents from entering into a partnership for the conduct of their bail business. No person may be a member of such a partnership unless the person is licensed pursuant to this chapter in the same capacity as all other members of the partnership. A limited partnership or a natural person may not have any proprietary interest, directly or indirectly, in a partnership or the conduct of business thereunder except licensed bail agents as provided in this chapter.

Nev. Rev. Stat. § 697.120 Exemptions.

This chapter does not: 1. Prevent a producer of insurance from writing bail bonds for any insurer authorized to write surety for which he or she is an appointed agent, but he or she is subject to and governed by all laws and regulations relating to bail agents when engaged in the activities thereof. 2. Affect the negotiation for or the execution or delivery of a bail bond which is authorized by chapter 696A of NRS.

Nev. Rev. Stat. § 697.130 Forms for licensing and appointments.

The Commissioner shall prescribe and furnish all forms in connection with licensing and appointments required under this chapter.

Nev. Rev. Stat. § 697.150 Bail agent: Qualifications.

1. Except as otherwise provided in subsections 2 and 3, a person is entitled to receive, renew or hold a license as a bail agent if the person: (a) Is a resident of this State and has resided in this State for not less than 1 year immediately preceding the date of the application for the license. (b) Is a natural person not less than 18 years of age. (c) Has been appointed as a bail agent by an authorized surety insurer, subject to the issuance of the license. (d) Is competent, trustworthy and financially responsible. (e) Has passed any written examination required under this chapter. (f) Has filed the bond required by NRS 697.190 . (g) Has, on or after July 1, 1999, successfully completed a 6-hour course of instruction in bail bonds that is: (1) Offered by a state or national organization of bail agents or another organization that administers training programs for bail agents; and (2) Approved by the Commissioner. 2. A nonresident person is entitled to receive, renew or hold a nonresident license as a bail agent if, in addition to the applicable requirements set forth in NRS 697.215 , the nonresident person satisfies the requirements set forth in paragraphs (b), (d) and (f) of subsection 1. 3. A person is not entitled to receive, renew or hold a license as a bail agent if the person has been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude. A conviction of, or plea of guilty, guilty but mentally ill or nolo contendere by, an applicant or licensee for any crime listed in this subsection is a sufficient ground for the Commissioner to deny a license to the applicant or to suspend or revoke the license of the agent.

Nev. Rev. Stat. § 697.170 Bail solicitor: Qualifications.

1. Except as otherwise provided in subsection 2, a person is entitled to receive, renew or hold a license as a bail solicitor if the person: (a) Is a natural person not less than 18 years of age. (b) Is a resident of this state and has resided in this state for not less than 3 months immediately preceding the date of the application for the license. (c) Is the bona fide employee of a licensed bail agent as a bail solicitor, or is to be so employed subject to the issuance of the license. (d) Has successfully completed a 6-hour course of instruction in bail bonds that is: (1) Offered by a state or national organization of bail agents or another organization that administers training programs for bail solicitors; and (2) Is approved by the Commissioner. (e) Has passed any written examination required under this chapter. 2. Except as otherwise provided in NRS 697.188 , a person is not entitled to receive, renew or hold a license as a bail solicitor if the person: (a) Has been convicted of a felony in this state or of any offense committed in another state which would be a felony if committed in this state; or (b) Has been convicted of an offense involving moral turpitude or the unlawful use, sale or possession of a controlled substance.

Nev. Rev. Stat. § 697.173 Bail enforcement agent: Qualifications.

1. Except as otherwise provided in subsection 2, a person is entitled to receive, renew or hold a license as a bail enforcement agent if the person: (a) Is a natural person not less than 21 years of age. (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States. (c) Has: (1) A high school diploma; (2) A general equivalency diploma or an equivalent document; or (3) An equivalent education as determined by the Commissioner. (d) Has complied with the requirements of subsection 4 of NRS 697.180 . (e) Has submitted to the Commissioner the results of an examination conducted by a psychiatrist or psychologist licensed to practice in this state which indicate that the person does not suffer from a psychological condition that would adversely affect the ability of the person to carry out his or her duties as a bail enforcement agent. (f) Has passed any written examination required by this chapter. (g) Submits to the Commissioner the results of a test to detect the presence of a controlled substance in the system of the person that was administered no earlier than 30 days before the date of the application for the license which do not indicate the presence of any controlled substance for which the person does not possess a current and lawful prescription issued in the name of the person. (h) Successfully completes the training required by NRS 697.177 . 2. A person is not entitled to receive, renew or hold a license of a bail enforcement agent if the person: (a) Has been convicted of a felony in this state or of any offense committed in another state which would be a felony if committed in this state; or (b) Has been convicted of an offense involving moral turpitude or the unlawful use, sale or possession of a controlled substance.

Nev. Rev. Stat. § 697.177 Bail enforcement agent: Basic course of training; temporary license.

1. Except as otherwise provided in this section, an applicant for a license as a bail enforcement agent must satisfactorily complete a basic course of training for bail enforcement agents that is approved by the Commissioner. 2. The basic course of training must consist of at least 80 hours of training which includes instruction in: (a) The following areas of the law: (1) Constitutional law; (2) Procedures for arresting defendants and surrendering defendants into custody; (3) Civil liability; (4) The civil rights of persons who are detained in custody; (5) The use of force; and (6) The history and principles of bail; (b) Procedures for field operations, including, without limitation: (1) Safety and survival techniques; (2) Searching buildings; (3) Handling persons with mental illness or who are under the influence of alcohol or a controlled substance; and (4) The care and custody of prisoners; (c) The skills required of bail enforcement agents, including, without limitation: (1) Writing reports, completing forms and procedures for exoneration; (2) Methods of arrest; (3) Nonlethal weapons; (4) The retention of weapons; (5) Qualifications for the use of firearms; and (6) Defensive tactics; (d) Principles of investigation, including, without limitation: (1) The basic principles of locating defendants who have not complied with the terms and conditions established by a court for their release from custody or the terms and conditions of a contract entered into with a surety; and (2) Ethics; and (e) The following subjects: (1) Demeanor in a courtroom; (2) First aid used in emergencies; and (3) Cardiopulmonary resuscitation. Ê An applicant may complete the 80 hours of training required by this subsection by completing 16 hours of training each weekend for 5 weeks. 3. In lieu of completing the basic course of training required by subsection 1, an applicant may submit proof to the Commissioner that the applicant has completed a course of training required by a municipal, state or federal law enforcement agency or a branch of the Armed Forces to carry out the duties of a peace officer. 4. An applicant for a license as a bail enforcement agent must complete the training required by this section within 9 months after the date the applicant is employed by a bail agent as a bail enforcement agent. The Commissioner shall issue a temporary license to an applicant who has not completed the training if the applicant is otherwise qualified to be issued a license as a bail enforcement agent. The temporary license: (a) Authorizes the person to whom it is issued to act as a bail enforcement agent while employed by a licensed bail agent. (b) Is valid for 9 months or until the person to whom it is issued completes the training required by this section, whichever occurs first. (c) May not be renewed.

Nev. Rev. Stat. § 697.180 Application for license: General requirements; fees; fingerprints. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

1. A written application for a license as a general agent, bail enforcement agent, bail solicitor or bail agent, other than a nonresident license as a bail agent, must be filed with the Commissioner by the applicant, accompanied by the applicable fees. The application form must: (a) Include the social security number of the applicant; and (b) Require full answers to questions reasonably necessary to determine the applicant’s: (1) Identity and residence. (2) Business record or occupations for not less than the 2 years immediately preceding the date of the application, with the name and address of each employer, if any. (3) Prior criminal history, if any. 2. The Commissioner may require the submission of such other information as may be required to determine the applicant’s qualifications for the license for which the applicant applied. 3. The applicant must verify his or her application. An applicant for a license under this chapter shall not knowingly misrepresent or withhold any fact or information called for in the application form or in connection therewith. 4. Each applicant must, as part of his or her application and at the applicant’s own expense: (a) Arrange to have a complete set of his or her fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Commissioner; and (b) Submit to the Commissioner: (1) A completed fingerprint card and written permission authorizing the Commissioner to submit the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Commissioner deems necessary; or (2) Written verification, on a form prescribed by the Commissioner, stating that the fingerprints of the applicant were taken and directly forwarded electronically or by another means to the Central Repository and that the applicant has given written permission to the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Commissioner deems necessary. 5. The Commissioner may: (a) Unless the applicant’s fingerprints are directly forwarded pursuant to subparagraph (2) of paragraph (b) of subsection 4, submit those fingerprints to the Central Repository for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Commissioner deems necessary; (b) Request from each such agency any information regarding the applicant’s background as the Commissioner deems necessary; and (c) Adopt regulations concerning the procedures for obtaining this information.

Nev. Rev. Stat. § 697.181 Payment of child support: Statement by applicant for license; grounds for denial of license; duty of Commissioner. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

1. A natural person who applies for the issuance or renewal of a bail agent’s, general agent’s, bail enforcement agent’s or bail solicitor’s license shall submit to the Commissioner the statement prescribed by the Division of Social Services of the Department of Human Services pursuant to NRS 425.520 . The statement must be completed and signed by the applicant. 2. The Commissioner shall include the statement required pursuant to subsection 1 in: (a) The application or any other forms that must be submitted for the issuance or renewal of the license; or (b) A separate form prescribed by the Commissioner. 3. A bail agent’s, general agent’s, bail enforcement agent’s or bail solicitor’s license may not be issued or renewed by the Commissioner if the applicant is a natural person who: (a) Fails to submit the statement required pursuant to subsection 1; or (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order. 4. If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Commissioner shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

Nev. Rev. Stat. § 697.182 Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

1. If the Commissioner receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a bail agent’s, general agent’s, bail enforcement agent’s or bail solicitor’s license, the Commissioner shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Commissioner receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560 . 2. The Commissioner shall reinstate a bail agent’s, general agent’s, bail enforcement agent’s or bail solicitor’s license that has been suspended by a district court pursuant to NRS 425.540 if the Commissioner receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560 .

Nev. Rev. Stat. § 697.183 Application for license as resident bail agent: Additional documentation.

An application for a license as a bail agent, other than an application for a nonresident license as a bail agent, must be accompanied by: 1. Proof of the completion of a 6-hour course of instruction in bail bonds that is: (a) Offered by a state or national organization of bail agents or another organization that administers training programs for bail agents; and (b) Approved by the Commissioner. 2. A written appointment by an authorized insurer as agent for bail bonds, subject to the issuance of the license. 3. A letter from a local law enforcement agency in the applicant’s county of residence which indicates that the applicant: (a) Has not been convicted of a felony in this state or of any offense committed in another state which would be a felony if committed in this state; and (b) Has not been convicted of an offense involving moral turpitude or the unlawful use, sale or possession of a controlled substance.

Nev. Rev. Stat. § 697.184 Application for license as general agent: Additional documentation.

1. An application for a license as a general agent must be accompanied by: (a) Proof of the completion of a 6-hour course of instruction in bail bonds that is: (1) Offered by a state or national organization of bail agents or another organization that administers training programs for general agents; and (2) Approved by the Commissioner. (b) A written appointment by an authorized insurer as general agent, subject to the issuance of the license. (c) A letter from a local law enforcement agency in the applicant’s county of residence which indicates that the applicant: (1) Has not been convicted of a felony in this state or of any offense committed in another state which would be a felony if committed in this state; and (2) Has not been convicted of an offense involving moral turpitude or the unlawful use, sale or possession of a controlled substance. (d) A copy of the contract or agreement that authorizes the general agent to act as general agent for the insurer. (e) Any other information the Commissioner may require. 2. If the applicant for a license as a general agent is a firm or corporation: (a) The applicant must designate a natural person who is a licensed general agent and who is authorized to transact business on behalf of the firm or corporation to be responsible for the compliance of the firm or corporation with the insurance laws, rules and regulations of this State; and (b) The application must include the names of the members, officers and directors and identify the natural person designated pursuant to paragraph (a).

Nev. Rev. Stat. § 697.185 Application for license as bail solicitor: Additional documentation.

An application for a license as a bail solicitor must be accompanied by: 1. Proof of the completion of a 6-hour course of instruction in bail bonds that is: (a) Offered by a state or national organization of bail agents or another organization that administers training programs for bail solicitors; and (b) Approved by the Commissioner. 2. A sponsorship by a licensed bail agent and a statement by the agent that the agent will exercise reasonable supervision over the conduct of the applicant and be responsible for the applicant’s conduct in the bail bond business. 3. A letter from a local law enforcement agency in the applicant’s county of residence which indicates that the applicant: (a) Has not been convicted of a felony in this state or of any offense committed in another state which would be a felony if committed in this state; and (b) Has not been convicted of an offense involving moral turpitude or the unlawful use, sale or possession of a controlled substance.

Nev. Rev. Stat. § 697.186 Application for license as bail enforcement agent: Additional documentation.

An application for a license as a bail enforcement agent must be accompanied by: 1. Proof of compliance with the requirements set forth in NRS 697.173 . 2. A letter from a local law enforcement agency in the applicant’s county of residence which indicates that the applicant: (a) Has not been convicted of a felony in this state or of any offense committed in another state which would be a felony if committed in this state; and (b) Has not been convicted of an offense involving moral turpitude or the unlawful use, sale or possession of a controlled substance.

Nev. Rev. Stat. § 697.188 Renewal of license as general agent, bail agent or bail solicitor.

A person who is licensed as a general agent, bail agent or bail solicitor on October 1, 1997, is entitled to renew his or her license after that date if the person is otherwise qualified to be issued such a license and submits to the Commissioner a letter from a local law enforcement agency in his or her county of residence which indicates that the person: 1. Has not, on or after October 1, 1997, been convicted of a felony in this state or of any offense committed in another state which would be a felony if committed in this state; and 2. Has not, on or after October 1, 1997, been convicted of an offense involving moral turpitude or the unlawful use, sale or possession of a controlled substance.

Nev. Rev. Stat. § 697.190 Bonds required for license as bail agent, bail solicitor and general agent.

1. Each applicant for a license as a bail agent, bail solicitor or general agent must file with the application, and thereafter maintain in force while so licensed, a bond which complies with NRS 679B.175 and is in an amount determined by the Commissioner. 2. The bond must be conditioned upon full accounting and payment to the person entitled thereto of money, property or other matters coming into the licensee’s possession through bail bond transactions under the license.

Nev. Rev. Stat. § 697.200 Examination for license as bail enforcement agent, bail solicitor or resident bail agent.

1. Any natural person who intends to apply for a license as a bail enforcement agent, bail solicitor or bail agent, other than a nonresident license as a bail agent, must personally take and pass a written examination of his or her competence to act as such. After passing the examination, the person may apply to the Commissioner for such a license. 2. The scope of the examination must be as broad as the bail bond business. 3. The examination must be administered by the Commissioner or an entity approved by the Commissioner.

Nev. Rev. Stat. § 697.205 Exemption from examination: Relicensing within 6 months after lapse of license.

A bail agent, bail enforcement agent or bail solicitor whose license lapses is exempt from retaking the examination otherwise required under NRS 697.200 if he or she applies and is relicensed within 6 months after the date of lapse.

Nev. Rev. Stat. § 697.210 Issuance of license; notice of refusal to issue license; fees not refundable.

1. If the Commissioner finds that the application is complete, that the applicant has passed all required examinations and is otherwise qualified for the license applied for, the Commissioner shall promptly issue the license. Otherwise, the Commissioner shall refuse to issue the license and promptly notify the applicant and the appointing insurer, if the application is for a bail agent’s or general agent’s license, or the employer, if the application is for a bail solicitor’s license, of such refusal, stating the grounds for the refusal. 2. All fees required to be paid pursuant to this chapter shall be deemed earned when paid and may not be refunded.

Nev. Rev. Stat. § 697.215 Issuance of nonresident license as bail agent; verification of licensing status; requirement to maintain resident license in home state; termination.

1. The Commissioner shall issue a nonresident license as a bail agent to a nonresident person if: (a) The person is currently licensed and in good standing as a bail agent in the resident or home state of the person; (b) The person has submitted the proper request for licensure and has paid all fees required pursuant to NRS 680B.010 and, in addition to any other fee or charge, all applicable fees required pursuant to NRS 680C.110 ; (c) The person has submitted or transmitted to the Commissioner the appropriate completed application for licensure; (d) The person satisfies the requirements specified in subsection 2 of NRS 697.150 ; and (e) The home state of the person awards nonresident licenses as a bail agent to persons of this State on the same basis. 2. The Commissioner may verify the licensing status of the nonresident person: (a) Through any appropriate database, including, without limitation, the Producer Database maintained by the National Insurance Producer Registry or its affiliates or subsidiaries; (b) By requesting that the nonresident person submit proof that the nonresident person is licensed and in good standing in the person’s home state as a bail agent; or (c) Through any other means the Commissioner determines to be appropriate. 3. As a condition to the continuation of a nonresident license as a bail agent, the nonresident bail agent shall maintain a resident license as a bail agent in the home state of the bail agent. A nonresident license as a bail agent issued under this section must be terminated and surrendered immediately to the Commissioner if the resident license as a bail agent in the home state is terminated for any reason, unless: (a) The termination is due to the nonresident bail agent being issued a new resident license as a bail agent in a new home state; and (b) The new resident license as a bail agent is from a state that has reciprocity with this State. 4. The Commissioner shall give notice of the termination of a resident license as a bail agent within 30 days after the date of the termination to any states that issued a nonresident license as a bail agent to the holder of the resident license. If the resident license as a bail agent was terminated because of a change in the home state of the bail agent, the notice must include both the previous and current address of the bail agent. 5. The Commissioner shall terminate a nonresident license as a bail agent issued pursuant to this section if the bail agent establishes legal residency in this State and fails to apply for a resident license as a bail agent within 90 days after establishing legal residency.

Nev. Rev. Stat. § 697.220 Contents of license.

1. A license must state the name and address of the licensee, the date of issue, general conditions relative to expiration or termination, and such other information and conditions as the Commissioner may deem proper and consistent with law. 2. The license of a bail solicitor must also state the name and address of the bail agent who is the employer of the bail solicitor.

Nev. Rev. Stat. § 697.230 Period of validity; expiration and renewal of license; fees; termination of license of general agent; exceptions. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

1. Except as otherwise provided in NRS 697.177 , each license issued to or renewed for a general agent, bail agent, bail enforcement agent or bail solicitor under this chapter continues in force for 3 years unless it is suspended, revoked or otherwise terminated. A license may be renewed upon payment of all applicable fees for renewal to the Commissioner on or before the renewal date for the license. All applicable fees must be accompanied by: (a) Except as otherwise provided in subsection 6, proof that the licensee has completed a 3-hour program of continuing education that is: (1) Offered by the authorized surety insurer from whom the licensee received written appointment, if any, a state or national organization of bail agents or another organization that administers training programs for general agents, bail agents, bail enforcement agents or bail solicitors; and (2) Approved by the Commissioner; (b) If the licensee is a natural person, the statement required pursuant to NRS 697.181 ; and (c) A written request for renewal of the license. The request must be made and signed: (1) By the licensee in the case of the renewal of a license as a general agent, bail enforcement agent or bail agent. (2) By the bail solicitor and the bail agent who employs the solicitor in the case of the renewal of a license as a bail solicitor. 2. Any license that is not renewed on or before the renewal date for the license expires on the renewal date. The Commissioner may accept a request for renewal received by the Commissioner within 30 days after the date of expiration if the request is accompanied by a fee for renewal of 150 percent of all applicable fees otherwise required, except for any fee required pursuant to NRS 680C.110 , and, if the person requesting renewal is a natural person, the statement required pursuant to NRS 697.181 . 3. A bail agent’s license continues in force while there is in effect an appointment of him or her as a bail agent of one or more authorized insurers. Upon termination of all the bail agent’s appointments and the bail agent’s failure to replace any appointment within 30 days thereafter, the bail agent’s license expires and the bail agent shall promptly deliver his or her license to the Commissioner. 4. The Commissioner shall terminate the license of a general agent for a particular insurer upon a written request by the insurer. 5. This section does not apply to temporary licenses issued under NRS 683A.311 or 697.177 . 6. The provisions of paragraph (a) of subsection 1 do not apply to a person who: (a) Holds a nonresident license as a bail agent; and (b) Has met the continuing education requirements of his or her home state. 7. As used in this section, “renewal date” means: (a) For the first renewal of the license, the last day of the month which is 3 years after the month in which the Commissioner originally issued the license. (b) For each renewal after the first renewal of the license, the last day of the month which is 3 years after the month in which the license was last due to be renewed.

Nev. Rev. Stat. § 697.240 Bail agent: Appointment.

1. Each insurer appointing a bail agent shall file with the Commissioner a written appointment and pay the applicable fee for the appointment. 2. Each appointment remains in effect until the bail agent’s license is revoked or otherwise terminated, or there is an earlier termination of the appointment. 3. No insurer may appoint a bail agent whose contingent liability exceeds an amount equal to 10 times his or her reserve account unless the appointment is first approved by the Commissioner.

Nev. Rev. Stat. § 697.250 Bail agent and bail solicitor: Termination of sponsorship.

1. An insurer may terminate a sponsorship at any time. The insurer shall promptly give written notice of termination and the effective date thereof to the Commissioner, on forms furnished by the Commissioner, and to the bail agent if reasonably possible. The Commissioner may require of the insurer reasonable proof that the insurer has also given such a notice to the agent if reasonably possible. 2. Accompanying each notice of termination given to the Commissioner, the insurer shall file with the Commissioner a statement of the cause, if any, for the termination. Any information or documents so disclosed to the Commissioner shall be deemed an absolutely privileged communication, and the information or documents are not admissible as evidence in any action or proceedings unless their use as evidence is permitted by the insurer in writing. 3. A bail agent terminating the sponsorship and license as such of a bail solicitor shall give notice of termination in the manner prescribed by subsections 1 and 2. Any information or documents disclosed to the Commissioner shall be deemed an absolutely privileged communication, unless the privilege is waived in writing by the bail agent. 4. No agreement between an insurer and a bail agent or between an employing bail agent and a licensed bail solicitor affects the Commissioner’s termination of the sponsorship or license if the termination is requested by the insurer or the employing bail agent, as the case may be.

Nev. Rev. Stat. § 697.260 Bail solicitors: Prohibition on concurrent employment with bail agents; responsibility of bail agent for bail solicitors within scope of employment; office; custody of license.

1. A bail solicitor shall not concurrently be employed or licensed as to more than one bail agent. 2. The bail agent is responsible for the acts or omissions of the bail solicitors within the scope of his or her employment. 3. The bail solicitor shall maintain his or her office with that of the bail agent with whom the bail solicitor is employed. 4. The bail solicitor’s license must remain in the custody of the bail agent with whom the bail solicitor is employed. Upon termination of such employment as a bail solicitor, the bail agent shall give written notice thereof to the Commissioner, as provided in NRS 697.250 , and deliver the license to the commissioner for cancellation.

Nev. Rev. Stat. § 697.270 Bail agents: Registration with sheriff and clerk of district court required to act as attorney-in-fact for insurer; annual reregistration.

A bail agent shall not act as an attorney-in-fact for an insurer on an undertaking unless the bail agent has registered in the office of the sheriff and with the clerk of the district court in which the agent resides or, for a bail agent who holds a nonresident license as a bail agent, in which his or her place of business required by NRS 697.280 is located. The bail agent may register in the same manner in any other county. Any bail agent shall file a certified copy of the appointment of the bail agent by power of attorney from each insurer which the bail agent represents as agent with each of such officers. The bail agent shall register and file a certified copy of renewed power of attorney annually on July 1. The clerk of the district court and the sheriff shall not permit the registration of a bail agent unless the agent is licensed by the Commissioner.

Nev. Rev. Stat. § 697.280 Bail agent: Place of business; display of licenses and fees charged; retention of records at place of business.

1. Every bail agent shall have and maintain in this state a place of business accessible to the public, wherein the licensee principally conducts transactions under his or her license. The address of the principal place of business of the licensee must appear upon the application for a license and upon the license, when issued, and the licensee shall promptly notify the Commissioner of any change in that address. This subsection does not prohibit a licensee from conducting business in his or her residence in this state. 2. The licenses of the licensee, and those of others employed by the licensee, and the fees charged for services rendered must be conspicuously displayed in the principal place of business of the licensee in a part or area customarily open to the public. 3. The bail agent shall keep at his or her principal place of business the records required under NRS 697.290 .

Nev. Rev. Stat. § 697.290 Bail agent: Retention period for records; examination of records by Commissioner.

Every bail agent must maintain in his or her office such records of bail bonds, and such additional information as the Commissioner may reasonably require, executed or countersigned by the bail agent to enable the public to obtain all necessary information concerning the bail bonds for at least 3 years after the liability of the surety has been terminated. The records must be open to examination by the Commissioner or representatives of the Commissioner at all times, and the Commissioner at any time may require the licensee to furnish to the Commissioner, in such manner or form as the Commissioner requires, any information kept or required to be kept in the records.

Nev. Rev. Stat. § 697.295 Electronic transmissions relating to bail.

1. Except as otherwise provided in subsections 2 and 3, every bail agent and insurer authorized to write surety in this State and every subsidiary corporation of such an insurer shall maintain a means of receiving electronic transmissions and shall receive electronic transmissions made pursuant to NRS 178.502 , 178.508 and 178.514 . 2. Before April 1, 2018, a bail agent or insurer authorized to write surety in this State and every subsidiary corporation of such an insurer may elect to receive a notice pursuant to NRS 178.502 , 178.508 or 178.514 by mail by providing a written request to the court. 3. On and after April 1, 2018, a bail agent or insurer authorized to write surety in this State and every subsidiary corporation of such an insurer may receive a notice pursuant to NRS 178.502 , 178.508 or 178.514 by mail only pursuant to a court order issued upon request by the bail agent or insurer for good cause shown. 4. As used in this section, “electronic transmission” has the meaning ascribed to it in NRS 178.483 .

Nev. Rev. Stat. § 697.300 Bail transaction: Collections and charges authorized.

1. A bail agent shall not, in any bail transaction or in connection therewith, directly or indirectly, charge or collect money or other valuable consideration from any person except for the following purposes: (a) To pay the premium at the rates established by the insurer, in accordance with chapter 686B of NRS, or to pay the charges for the bail bond filed in connection with the transaction at the rates filed in accordance with the provisions of this Code. The rates must be 15 percent of the amount of the bond or $50, whichever is greater. (b) To provide collateral. (c) To reimburse himself or herself for actual expenses incurred in connection with the transaction. Such expenses are limited to: (1) Guard fees. (2) Notary public fees, recording fees, expenses incurred for necessary long distance telephone calls and charges for telegrams. (3) Travel expenses incurred more than 25 miles from the agent’s principal place of business. Such expenses: (I) May be billed at the rate provided for state officers and employees generally; and (II) May not be charged in areas where bail agents advertise a local telephone number. (4) Expenses incurred to verify underwriting information. (5) Any other actual expenditure necessary to the transaction which is not usually and customarily incurred in connection with bail transactions. (d) To reimburse himself or herself, or have a right of action against the principal or any indemnitor, for actual expenses incurred in good faith, by reason of breach by the defendant of any of the terms of the written agreement under which and pursuant to which the undertaking of bail or bail bond was written. If there is no written agreement, or an incomplete writing, the surety may, at law, enforce its equitable rights against the principal and his or her indemnitors, in exoneration. Such reimbursement or right of action must not exceed the principal sum of the bond or undertaking, plus any reasonable expenses that may be verified by receipt in a total amount of not more than the principal sum of the bond or undertaking, incurred in good faith by the surety, its agents, licensees and employees by reason of the principal’s breach. 2. This section does not prevent the full and unlimited right of a bail agent to execute undertaking of bail on behalf of a nonresident agent of the surety he or she represents. The licensed resident bail agent is entitled to a minimum countersignature fee of $5, with a maximum countersignature fee of $100, plus expenses incurred in accordance with paragraphs (c) and (d) of subsection 1. Such countersignature fees may be charged in addition to the premium of the undertaking.

Nev. Rev. Stat. § 697.310 Bail transaction: Prohibited charges.

Except to the extent permitted by paragraphs (c) and (d) of subsection 1 and subsection 2 of NRS 697.300, a licensee shall not make any charge for the services of the licensee in a bail transaction in addition to the premium or the charge for a bail bond at the rates filed in accordance with the provisions of this Code.

Nev. Rev. Stat. § 697.320 Bail transaction: Collateral; limitations on transfer of collateral; fiduciary capacity; requirements for receiving title to real property as collateral; return of excess collateral; written receipt for collateral upon acceptance.

1. A bail agent may accept collateral security in connection with a bail transaction if the collateral security is reasonable in relation to the face amount of the bond. The bail agent shall not transfer the collateral to any person other than a bail agent licensed pursuant to this chapter or a surety insurer holding a valid certificate of authority issued by the Commissioner. The collateral must not be transported or otherwise removed from this state. Any person who receives the collateral: (a) Shall be deemed to hold the collateral in a fiduciary capacity to the same extent as a bail agent; and (b) Shall retain, return and otherwise possess the collateral in accordance with the provisions of this chapter. 2. The collateral security must be received by the bail agent in his or her fiduciary capacity, and before any forfeiture of bail must be kept separate and apart from any other funds or assets of the licensee. Any collateral received must be returned to the person who deposited it with the bail agent or any assignee other than the bail agent as soon as the obligation, the satisfaction of which was secured by the collateral, is discharged and all fees owed to the bail agent have been paid. The bail agent or any surety insurer having custody of the collateral shall, immediately after the bail agent or surety insurer receives a request for return of the collateral from the person who deposited the collateral, determine whether the bail agent or surety insurer has received notice that the obligation is discharged. If the collateral is deposited to secure the obligation of a bond, it must be returned immediately after receipt of the request for return of the collateral and notice of the entry of any order by an authorized official by virtue of which liability under the bond is terminated or upon payment of all fees owed to the bail agent, whichever is later. A certified copy of the minute order from the court wherein the bail or undertaking was ordered exonerated shall be deemed prima facie evidence of exoneration or termination of liability. 3. If a bail agent receives as collateral in a bail transaction, whether on the bail agent’s or another person’s behalf, any document conveying title to real property, the bail agent shall not accept the document unless it indicates on its face that it is executed as part of a security transaction. If the document is recorded, the bail agent or any surety insurer having possession of the document shall, immediately after the bail agent or surety insurer receives a request for return of the collateral from the person who executed the document: (a) Determine whether the bail agent or surety insurer has received notice that the obligation for which the document was accepted is discharged; and (b) If the obligation has been discharged, reconvey the real property by delivering a deed or other document of conveyance to the person or to the heirs of the person, legal representative or successor in interest. The deed or other document of conveyance must be prepared in such a manner that it may be recorded. 4. If the amount of any collateral received in a bail transaction exceeds the amount of any bail forfeited by the defendant for whom the collateral was accepted, the bail agent or any surety insurer having custody of the collateral shall, immediately after the bail is forfeited, return to the person who deposited the collateral the amount by which the collateral exceeds the amount of the bail forfeited. Any collateral returned to a person pursuant to this subsection is subject to a claim for fees, if any, owed to the bail agent returning the collateral. 5. If a bail agent accepts collateral, the bail agent shall give a written receipt for the collateral. The receipt must include in detail a full account of the collateral received.

Nev. Rev. Stat. § 697.325 Bail enforcement agent required to notify local law enforcement agency when defendant apprehended; restrictions on entrance of structures and use of physical force; penalty.

1. After apprehending a defendant in this state, a bail enforcement agent shall immediately or without undue delay notify in person or by telephone the local law enforcement agency of the jurisdiction in which the defendant was apprehended of: (a) The identity of the defendant; (b) The identity of the bail enforcement agent; and (c) Where the bail enforcement agent is taking the defendant to surrender the defendant into custody. 2. A bail enforcement agent may not enter a structure in this State to apprehend a defendant unless the bail enforcement agent: (a) Reasonably believes that the defendant is within the structure; and (b) Has notified the local law enforcement agency of the jurisdiction in which the structure is located. 3. A bail enforcement agent may not forcibly enter any structure or other private property in this State to apprehend a defendant if: (a) The bail enforcement agent has not obtained the permission of the owner of the structure or property; or (b) Forcibly entering the structure or property creates a threat of harm to any person or property. 4. A bail enforcement agent may use physical force only when necessary to defend himself or herself in the process of locating, apprehending or surrendering a defendant. If it is necessary for a bail enforcement agent to use physical force under such circumstances, the bail enforcement agent may use only the amount of physical force that is reasonable under the circumstances. 5. As used in this section, “structure” includes, without limitation, any building, house, room, apartment, tenement, tent, conveyance, vessel, boat, vehicle, house trailer, travel trailer, motor home or railroad car, whether used as a residence, business or for any other purpose.

Nev. Rev. Stat. § 697.330 Bail agent required to return premium and not entitled to fees if defendant surrendered to custody before required time.

If a bail agent, without good cause, causes the surrender of a defendant to custody before the time specified in the undertaking of bail or the bail bond for the appearance of the defendant, or before any other occasion where the presence of the defendant in court is lawfully required: 1. The premium is returnable in full; and 2. The bail agent is not entitled to collect any fees related to the improper surrender.

Nev. Rev. Stat. § 697.340 Prohibited acts; persons who may not be bail agents, bail enforcement agents, general agents or bail solicitors.

1. A bail agent, general agent, bail enforcement agent or bail solicitor shall not: (a) Suggest or advise the employment of or name for employment any particular attorney to represent his or her principal. (b) Solicit business in or about any place where prisoners are confined or in or about any court. (c) Pay a fee or rebate or give or promise anything of value to any person in order to secure a settlement, compromise, remission or reduction of the amount of any undertaking or bail bond. (d) Pay a fee or rebate or give anything of value to an attorney in bail bond matters, except for legal services actually rendered. (e) Pay a fee or rebate or give or promise anything of value to the principal or anyone in his or her behalf. (f) Participate in the capacity of an attorney at a trial or hearing of a person on whose bond the bail agent, general agent or bail solicitor is surety, except for the purposes of surrendering the defendant, making motions to set aside orders of bail forfeitures and motions to exonerate bails and protecting his or her financial interest in such a bond. (g) Allow any person to participate in the functions of a bail enforcement agent unless the person is a licensed bail enforcement agent. 2. The following persons may not be bail agents, bail enforcement agents, general agents or bail solicitors and shall not, directly or indirectly, engage in any act that would require licensing as a bail agent, bail enforcement agent, general agent or bail solicitor or receive any benefits from the execution of any bail bond: (a) Jailers; (b) Police officers; (c) Justices of the peace; (d) Municipal judges; (e) Sheriffs, deputy sheriffs, constables and deputy constables; (f) Any person having the power to arrest or having anything to do with the control of federal, state, county or municipal prisoners; and (g) Trustees or prisoners incarcerated in any jail, prison or any other place used for the incarceration of persons. 3. A bail agent shall not sign or countersign in blank any bond, or give the power of attorney to, or otherwise authorize, anyone to countersign the name of the bail agent to bonds unless the person so authorized is a licensed bail agent directly employed by the bail agent giving the power of attorney. 4. A bail agent, bail enforcement agent, bail solicitor or general agent shall not advertise or hold himself or herself out to be a surety insurance company.

Nev. Rev. Stat. § 697.350 Justification of suretyship by bail agent.

A bail agent shall justify the suretyship of the bail agent by attaching a copy of the power of attorney issued to the bail agent by the surety insurer to each bond.

Nev. Rev. Stat. § 697.360 Applicability of other provisions.

Licensed bail agents, bail solicitors and bail enforcement agents, and general agents are also subject to the following provisions of this Code, to the extent reasonably applicable: 1. Chapter 679A of NRS. 2. Chapter 679B of NRS. 3. NRS 683A.261 . 4. NRS 683A.301 . 5. NRS 683A.311 . 6. NRS 683A.331 . 7. NRS 683A.341 . 8. NRS 683A.361 . 9. NRS 683A.400 . 10. NRS 683A.451 . 11. NRS 683A.461 . 12. NRS 683A.500 . 13. NRS 683A.520 . 14. NRS 686A.010 to 686A.310 , inclusive.

Nev. Rev. Stat. § 697.370 Penalties.

1. The Commissioner may inform the appropriate district attorney of any violation of any provision of this chapter. 2. In addition to any other penalty provided in this chapter any person violating any provision of this chapter is guilty of a misdemeanor.
Source: NV Statutes (Official Site)URL: https://www.leg.state.nv.us/nrs/NRS-697.htmlFetched: 10/4/2026

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