Ind. Code ch. 27-10-3

Ind. Code ch. 27-10-3
in effect

Ind. Code § 27-10-3-1 Bail agent and recovery agent; licenses; qualifications

Sec. 1. (a) A person may not act in the capacity of a bail agent or recovery agent or perform any of the functions, duties, or powers prescribed for bail agents or recovery agents under this article unless the person is qualified and licensed as provided in this article. However, none of the terms of this section shall prohibit any individual or individuals from: (1) pledging real or other property as security for a bail bond in judicial proceedings and where the individual does not receive, or is not promised, money or other things of value; or (2) executing any bail bond for an insurer, pursuant to a bail bond service agreement entered into between the insurer and any automobile club or association, financing institution, insurance company, or other organization or association, and on behalf of a person required to furnish bail in connection with any violation of law arising out of the use of a motor vehicle. (b) A license: (1) may not be issued except in compliance with this article; and (2) may only be issued to an individual. However, upon an affirmative showing to the commissioner in writing by an individual that the individual is an all lines fire and casualty insurance producer, a surety bail agent license shall be issued to the individual without further qualification or fee to represent an insurer the individual is licensed to represent. The individual shall be subject to and governed by laws and rules relating to bail agents when engaged in the activities of a bail agent. (c) A firm, a partnership, an association, a limited liability company, or a corporation may not be licensed. (d) The applicant must apply in writing, on forms prepared and supplied by the commissioner, and the commissioner may propound any reasonable interrogatories to an applicant for a license under this article or on any renewal of a license relating to the applicant's qualifications, residence, prospective place of business, and any other matters which, in the opinion of the commissioner, are deemed necessary or expedient in order to protect the public and ascertain the qualifications of the applicant. The commissioner may also conduct any reasonable inquiry or investigation the commissioner sees fit, relative to the determination of the applicant's fitness to be licensed or to continue to be licensed. (e) The failure of the applicant to secure approval of the commissioner shall not preclude the applicant from applying as many times as the applicant desires. However, an applicant's application may not be considered by the commissioner within one (1) year subsequent to the date upon which the commissioner denied the applicant's last application. As added by P.L.261-1985, SEC.1. Amended by P.L.8-1993, SEC.434; P.L.224-1993, SEC.12; P.L.1-1994, SEC.140; P.L.178-2003, SEC.81.

Ind. Code § 27-10-3-2 Expiration of license; reinstatement

Sec. 2. (a) All licenses issued expire two (2) years after the end of the month of issue. (b) A license that has expired may be reinstated if: (1) the licensee: (A) applies for reinstatement not more than ninety (90) days after the expiration date; (B) is not on probation; (C) has not previously been denied a license; (D) pays: (i) the license fee required under section 7 of this chapter; plus (ii) to the commissioner a license reinstatement fee of one hundred dollars ($100); and (E) meets all other requirements for licensure; and (2) the license was not revoked or suspended at the time that the license expired. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993, SEC.13; P.L.1-1994, SEC.141; P.L.102-2005, SEC.1; P.L.81-2012, SEC.38.

Ind. Code § 27-10-3-3 Applications; qualifications

Sec. 3. (a) The application for license, in addition to the matters set out in section 1 of this chapter, to serve as a bail agent must affirmatively show that: (1) the applicant is at least eighteen (18) years of age and is of good moral character; (2) the applicant has never been convicted of a disqualifying offense, notwithstanding IC 25-1-1.1, or: (A) in the case of a felony conviction, at least ten (10) years have passed since the date of the applicant's conviction or release from imprisonment, parole, or probation, whichever is later; or (B) in the case of a misdemeanor disqualifying offense, at least five (5) years have passed since the date of the applicant's conviction or release from imprisonment, parole, or probation, whichever is later; (3) the applicant has knowledge or experience in the bail bond business, or has held a valid all lines fire and casualty insurance producer's license for one (1) year within the last five (5) years, or has been employed by a company engaged in writing bail bonds in which field the applicant has actively engaged for at least one (1) year of the last five (5) years; and (4) the applicant has completed at least twelve (12) hours of instruction in courses approved by the commissioner under section 7.1 of this chapter that pertain to the duties and responsibilities of a bail agent or recovery agent, including instruction in the laws that relate to the conduct of a bail agent or recovery agent. (b) The application must affirmatively show that the applicant has been a bona fide resident of Indiana for one (1) year immediately preceding the date of application. However, the commissioner may waive this requirement. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993, SEC.14; P.L.178-2003, SEC.82; P.L.102-2005, SEC.2.

Ind. Code § 27-10-3-4 Examination; fees; fingerprints and photographs

Sec. 4. (a) A license fee of six hundred fifty dollars ($650) and an examination fee of one hundred dollars ($100) must be submitted to the commissioner with each application for the issuance of a bail agent's license. (b) An applicant for a bail agent's license must also furnish with the application a complete set of the applicant's fingerprints and a recent credential-size full face photograph of the applicant. The applicant's fingerprints must be certified by an authorized law enforcement officer. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993, SEC.15.

Ind. Code § 27-10-3-5 Recovery agent; additional licensing requirements; fees; fingerprints and photographs

Sec. 5. In addition to the requirements prescribed in section 1 of this chapter, an applicant for a license to serve as a recovery agent must affirmatively show that: (1) the applicant is at least eighteen (18) years of age; (2) the applicant is a citizen of the United States and has been a bona fide resident of this state for more than six (6) months immediately preceding the date of application; (3) the applicant has never been convicted of a disqualifying offense, notwithstanding IC 25-1-1.1, or: (A) in the case of a felony conviction, at least ten (10) years have passed since the date of the applicant's conviction or release from imprisonment, parole, or probation, whichever is later; or (B) in the case of a misdemeanor disqualifying offense, at least five (5) years have passed since the date of the applicant's conviction or release from imprisonment, parole, or probation, whichever is later; and (4) the applicant has completed at least twelve (12) hours of instruction in courses approved by the commissioner under section 7.1 of this chapter that pertain to the duties and responsibilities of a bail agent or recovery agent, including instruction in the laws that relate to the conduct of a bail agent or recovery agent. A license fee of three hundred dollars ($300) and an examination fee of one hundred dollars ($100) shall be submitted to the commissioner with each application, together with the applicant's fingerprints and photograph. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993, SEC.16; P.L.102-2005, SEC.3.

Ind. Code § 27-10-3-6 Examination; application

Sec. 6. (a) The applicant for a bail agent's or recovery agent's license shall be required to appear in person and take a written examination prepared by the commissioner testing the applicant's ability and qualifications to be a bail agent or recovery agent. (b) An applicant is eligible for examination after the date the application is received by the commissioner, if the commissioner is satisfied as to the applicant's fitness to take the examination. Examinations shall be held at times and places designated by the commissioner, and an applicant shall be given notice of a time and place not less than fifteen (15) days prior to taking the examination. (c) The failure of an applicant to pass an examination may not preclude the applicant from taking subsequent examinations. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993, SEC.17; P.L.348-1995, SEC.4.

Ind. Code § 27-10-3-7 Renewal; fees; continuing education

Sec. 7. (a) A renewal license shall be issued by the commissioner to a licensee who: (1) has continuously maintained a license in effect; (2) pays a renewal fee of: (A) three hundred dollars ($300) for bail agents; and (B) three hundred dollars ($300) for recovery agents; (3) has fulfilled the continuing education requirement as required under subsection (b); (4) satisfactorily completes a renewal examination if required by the commissioner; and (5) has in all other respects complied with and been subject to this article. (b) A licensee shall complete at least six (6) hours of continuing education courses that: (1) are approved under section 7.1 of this chapter; and (2) apply to the licensee's particular license, including instruction in the laws that relate to the conduct of a bail agent or recovery agent; during each license period. A continuing education course that is used to fulfill the continuing education requirements for an insurance producer license under IC 27-1-15.7 may not be used to satisfy the continuing education requirement set forth in this section. (c) After the receipt of the licensee's application for renewal, the current license continues in effect until the renewal license is issued, suspended, or denied for cause. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993, SEC.18; P.L.102-2005, SEC.4; P.L.81-2012, SEC.39; P.L.187-2017, SEC.1.

Ind. Code § 27-10-3-7.1 Continuing education course approval; fees; criteria

Sec. 7.1. (a) A provider of courses required for licensure under sections 3 and 5 of this chapter or license renewal under section 7 of this chapter: (1) shall obtain from the commissioner approval of the courses and instructors before the courses are conducted; (2) shall annually pay to the commissioner a reasonable fee, as determined by the commissioner; (3) must have been: (A) a full-time resident of Indiana and licensed as a bail agent under this chapter for at least five (5) of the immediately preceding ten (10) years; or (B) a bail agent association operating in Indiana and approved by the commissioner; and (4) shall comply with any other requirements established by the commissioner. However, the commissioner may waive the full-time residency requirement specified in subdivision (3)(A). (b) A provider described in subsection (a) may charge a reasonable fee for attendance at an approved course. (c) A fee paid under subsection (a)(2) must be: (1) deposited in the bail bond enforcement and administration fund created under IC 27-10-5-1; and (2) used to implement this article. (d) The commissioner shall: (1) establish criteria for approval or disapproval of instructors and courses required for: (A) licensure under sections 3 and 5 of this chapter; and (B) license renewal under section 7 of this chapter; and (2) approve or disapprove instructors and courses specified in subdivision (1); that pertain to the duties and responsibilities of a bail agent and recovery agent, including instruction concerning the laws that relate to the conduct of a bail agent and recovery agent. As added by P.L.102-2005, SEC.5. Amended by P.L.86-2011, SEC.2; P.L.81-2012, SEC.40.

Ind. Code § 27-10-3-8 Denial, suspension, or revocation of licenses; refusal to renew

Sec. 8. (a) The commissioner shall deny, suspend, revoke, or refuse to renew any license issued under this article for any of the following causes: (1) Any cause for which issuance of the license could have been refused had it then existed and been known to the commissioner. (2) Violation of any laws of this state in the course of dealings under any license issued the licensee by the commissioner. (3) Material misstatement, misrepresentation, or fraud in obtaining the license. (4) Misappropriation, conversion, or unlawful withholding of money belonging to insurers or others and received in the conduct of business under any license issued to the licensee by the commissioner. (5) Fraudulent or dishonest practices in the conduct of business under any license issued to the licensee by the commissioner. (6) Willful failure to comply with or willful violation of any proper order or rule of the commissioner. (7) When, in the judgment of the commissioner, the licensee has, in the conduct of affairs under the license, demonstrated: (A) incompetency or untrustworthiness; (B) conduct or practices rendering the licensee unfit to carry on the bail bond business or making the licensee's continuance in such business detrimental to the public interest; (C) that the licensee is no longer in good faith carrying on the bail bond business; or (D) that the licensee is guilty of rebating, or offering to rebate, or unlawfully dividing, or offering to divide, the licensee's commissions in the case of limited surety agents; and for such reasons is found by the commissioner to be a source of detriment, injury, or loss to the public. (8) The listing of the name of the applicant or licensee on the most recent tax warrant list supplied to the commissioner by the department of state revenue. (b) The commissioner shall refuse to: (1) issue a license; or (2) renew a license issued; under this chapter to a person who is the subject of an order issued by a court under IC 31-16-12-10 (or IC 31-1-11.5-13(m), IC 31-6-6.1-16(m), or IC 31-14-12-7 before their repeal). (c) The commissioner may also levy a civil penalty of not more than ten thousand dollars ($10,000) for any of the causes listed in subsection (a). Any civil penalty levied under this subsection may be enforced in the same manner as a civil judgment. (d) When a person who holds a license under this chapter enters a plea of guilty to a disqualifying offense, the commissioner, immediately upon the court's acceptance of the plea, shall revoke the person's license. The commissioner shall revoke the license of any person who is convicted of a disqualifying offense immediately upon conviction. The pending of sentencing or the pending of an appeal of a conviction of a disqualifying offense does not stay the revocation of a license under this subsection. A person convicted of a felony is not eligible to reapply for a license until ten (10) years from the date of conviction or release from imprisonment, parole, or probation, whichever is later. A person convicted of a misdemeanor disqualifying offense is not eligible to reapply for a license until five (5) years from the date of conviction or release from imprisonment, parole, or probation, whichever is later. As added by P.L.261-1985, SEC.1. Amended by P.L.29-1987, SEC.5; P.L.185-1996, SEC.16; P.L.23-1996, SEC.28; P.L.1-1997, SEC.114; P.L.207-2013, SEC.14.

Ind. Code § 27-10-3-9 Suspension or revocation of licenses; hearings; witnesses; attorneys; penalty

Sec. 9. (a) If, after investigation, the commissioner determines that a licensed bail agent or recovery agent has been guilty of violating any of the laws of this state relating to bail bonds or has committed any disqualifying offense, the commissioner shall, upon ten (10) days notice in writing to: (1) the bail agent or recovery agent; and (2) the insurer represented by the bail agent if a surety bail agent; accompanied by a copy of the charges of the unlawful conduct of the bail agent or the recovery agent, suspend the license of the bail agent or the recovery agent, unless on or before the expiration of the ten (10) days the bail agent or the recovery agent makes a written response to the commissioner concerning the charges. (b) If, after the expiration of ten (10) days and within twenty (20) days after the expiration of the ten (10) days, the bail agent or the recovery agent fails to make a written response to the charges, the commissioner shall suspend or revoke the license of the bail agent or the recovery agent. If, however, the bail agent or the recovery agent files a written response denying the charges within the time specified, the commissioner shall call a hearing within a reasonable time for the purpose of taking testimony and evidence on any issue of facts made by the charges and answer. (c) The commissioner shall give notice to: (1) the bail agent or the recovery agent; and (2) the insurer represented by the bail agent if a surety bail agent; of the time and place of the hearing. The parties may produce witnesses and appear personally with or without representation by counsel. (d) If, following the hearing, the commissioner determines by a preponderance of the evidence that the bail agent or the recovery agent is guilty as alleged in the charges, whether or not convicted in court, the commissioner shall publish the determination not later than thirty (30) days after the conclusion of the hearing and shall: (1) revoke the license of the bail agent or the recovery agent; or (2) suspend the bail agent for a definite period of time to be fixed in the order of suspension. The commissioner may also levy a civil penalty against the bail agent or the recovery agent that is not more than ten thousand dollars ($10,000). As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993, SEC.19; P.L.102-2005, SEC.6.

Ind. Code § 27-10-3-10 Suspension or revocation of licenses; appeals

Sec. 10. An applicant for license as a bail agent or recovery agent whose: (1) application has been denied; or (2) license has been suspended, revoked, or denied renewal by the commissioner; may appeal to the circuit court, superior court, or probate court of the county from which the bail agent or recovery agent applied for the license. The appeal shall be heard de novo. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993, SEC.20; P.L.84-2016, SEC.119.

Ind. Code § 27-10-3-11 Surety bail agents; terminating appointment; premiums owed; remedies

Sec. 11. (a) An insurer who appoints a surety bail agent in Indiana shall give notice of the appointment to the commissioner along with a written application for license for the bail agent. All appointments are subject to the issuance of a license to the surety bail agent. (b) If an insurer appoints a surety bail agent under subsection (a), not later than sixty (60) days after the appointment, the appointee shall submit to the commissioner an affidavit: (1) on a form prescribed by the commissioner; (2) signed by the appointee; and (3) that states: (A) whether the appointee owes premiums to a former insurer or an agency to which the appointee reported on behalf of a former insurer; (B) to whom the appointee owes a premium; (C) the amount of the premium owed; and (D) whether there is a dispute concerning the premium. (c) An appointee shall provide a copy of an affidavit submitted under subsection (b) by certified mail to each of the appointee's former insurers or agents to which the appointee reported on behalf of a former insurer in the six (6) years immediately preceding the appointee's appointment under subsection (a). (d) Not more than one hundred eighty (180) days after receiving a copy of an appointee's affidavit provided under subsection (c), a former insurer or agent that has knowledge that the affidavit is untrue may file a petition with the commissioner stating that the appointee still owes a premium to the insurer or agent in violation of IC 27-10-4-7 and requesting relief. At the same time that the insurer or agent files the petition with the commissioner, the insurer or agent shall mail a copy of the petition to the appointee by certified mail. The appointee may file a response with the commissioner not later than ten (10) days after the appointee receives the petition. (e) Upon receipt of the petition and response, if filed, under subsection (d), the commissioner may conduct an investigation and institute proceedings in accordance with section 9 of this chapter. (f) The remedies provided in this section are not the exclusive remedies available to an insurer or agent. The election of an insurer or agent to seek a remedy under this section does not preclude the insurer or agent from seeking other remedies available at law or in equity, and is not a prerequisite for an insurer or agent to seek other remedies available at law or in equity. (g) An insurer that terminates the appointment of a surety bail agent shall file written notice of the termination with the commissioner together with a statement that the insurer has given or mailed notice to the surety bail agent. The notice filed with the commissioner must state the reasons, if any, for the termination. Information furnished to the commissioner is confidential and may not be used as evidence in or a basis for any action against the insurer or any of the insurer's representatives. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993, SEC.21; P.L.348-1995, SEC.5; P.L.102-2005, SEC.7.

Ind. Code § 27-10-3-12 Deposits in accounts of insurers or agents; reports

Sec. 12. All insurers or general agents requiring bail bond agents to post deposits pursuant to their bail bond writing authority must maintain those deposits in a bank, savings association, or credit union in this state. Each insurer or general agent shall report to the commissioner the location of each agent's account at the time of the agent's license issuance or renewal. Any change in the location of an agent's account shall be reported by the insurer or general agent to the commissioner within thirty (30) days of the change of location. As added by P.L.261-1985, SEC.1. Amended by P.L.79-1998, SEC.33.

Ind. Code § 27-10-3-13 Discontinuing business; return of license

Sec. 13. A bail agent who discontinues writing bail bonds during the period for which the bail agent is licensed shall: (1) notify the clerks of the circuit court and the sheriffs with whom the bail agent is registered; and (2) return the bail agent's license to the commissioner for cancellation; within thirty (30) days after the discontinuance. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993, SEC.22.

Ind. Code § 27-10-3-14 Recovery agent; use of licensed persons; list

Sec. 14. A person who is licensed as a bail agent may use as a recovery agent any person who holds a valid recovery agent's license. A bail agent must, at the time the bail agent's license is renewed under this chapter, furnish to the commissioner, on a form supplied by the commissioner, a list of all recovery agents used by the bail agent during the preceding year. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993, SEC.23; P.L.86-2011, SEC.3.

Ind. Code § 27-10-3-15 Insurers; deposits; engaging in bail bond business

Sec. 15. All insurers must deposit with the commissioner cash, United States treasury notes, or bonds in bearer form with coupons attached having a par value of at least seventy-five thousand dollars ($75,000) in order to obtain a license to engage in the bail bond business, out of which the commissioner shall satisfy judgment on all forfeitures which have not been paid. Such deposit shall be subject to all laws and rules as are deposits by domestic insurance companies. As added by P.L.261-1985, SEC.1. Amended by P.L.255-1995, SEC.12.

Ind. Code § 27-10-3-17 Registration of licenses; power of attorney

Sec. 17. (a) A bail agent may not become a surety on an undertaking unless the bail agent has registered the bail agent's license in the office of the sheriff and with the clerk of the circuit court in the county in which the bail agent resides. The bail agent may then become a surety on an undertaking in any other county upon filing a copy of the bail agent's license in the office of the sheriff and with the clerk of the circuit court in the other county. A surety bail agent must also file an original qualifying power of attorney signed by the bail agent and attached to a specimen bail bond with the clerk of the circuit court and file a copy of the qualifying power of attorney with the office of the sheriff. The clerk of the circuit court and the sheriff may not permit the registration of a bail agent unless the bail agent is currently licensed by the commissioner under this article. (b) A recovery agent may not perform the recovery agent's duties unless the recovery agent has registered the recovery agent's license within fifteen (15) days of issuance or any renewal in the office of the sheriff and with the clerk of the circuit court in the county where the recovery agent resides. The clerk of the circuit court and the sheriff may not permit a registration unless the recovery agent is properly licensed by the commissioner under this article. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993, SEC.24; P.L.348-1995, SEC.6.

Ind. Code § 27-10-3-18 Access to jails

Sec. 18. A person who holds a valid bail agent's license issued by the insurance commissioner and registered as required in section 17 of this chapter may have equal access to the jails of this state for the purpose of making bond, subject to this article and rules adopted under this article. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993, SEC.25.

Ind. Code § 27-10-3-19 Duty of commissioner upon receipt of support order; reinstatement

Sec. 19. (a) Upon receiving an order of a court issued under IC 31-16-12-10 (or IC 31-1-11.5-13(m), IC 31-6-6.1-16(m), or IC 31-14-12-7 before their repeal), the commissioner shall: (1) suspend a license issued under this chapter to any person who is the subject of the order; and (2) promptly mail a notice to the last known address of the person who is the subject of the order, stating the following: (A) That the person's license is suspended beginning five (5) business days after the date the notice is mailed, and that the suspension will terminate not earlier than ten (10) business days after the commissioner receives an order allowing reinstatement from the court that issued the suspension order. (B) That the person has the right to petition for reinstatement of a license issued under this chapter to the court that issued the order for suspension. (b) The commissioner shall not reinstate a license suspended under subsection (a) until the commissioner receives an order allowing reinstatement from the court that issued the order for suspension. As added by P.L.23-1996, SEC.29. Amended by P.L.1-1997, SEC.115; P.L.207-2013, SEC.15.

Ind. Code § 27-10-3-20 Notice of probationary status for failure to pay child support; suspension; reinstatement

Sec. 20. (a) Upon receiving an order from the bureau (Title IV-D agency) under IC 31-25-4-32(i) or IC 31-25-4-34(d), the commissioner shall place on probationary status any license issued under this chapter and held by the person who is the subject of the order. The commissioner shall send the person a notice that does the following: (1) States that the person's license has been placed on probationary status. (2) States that the person's license will be suspended if the commissioner has not received notice from the bureau under IC 31-25-4-32(m) or IC 31-25-4-34(g) within twenty (20) days after the date of the notice. (3) Describes the amount of child support that the person is in arrears. (4) Explains the procedures to: (A) pay the person's child support arrearage in full; and (B) establish a payment plan with the bureau to pay the arrearage, which must include an income withholding order under IC 31-16-15-2 or IC 31-16-15-2.5. (b) If the commissioner has not received notice from the bureau under IC 31-25-4-32(m) or IC 31-25-4-34(g) within twenty (20) days after the date of the notice in subsection (a), the commissioner shall suspend the license issued to the person under this chapter. (c) The commissioner may not reinstate any license placed on probationary status or suspended under this section until the commissioner receives a notice from the bureau under IC 31-25-4-32(m) or IC 31-25-4-34(g) that the person has addressed the delinquency. As added by P.L.23-1996, SEC.30. Amended by P.L.1-1997, SEC.116; P.L.145-2006, SEC.167; P.L.103-2007, SEC.9; P.L.150-2018, SEC.12.

Ind. Code § 27-10-3-21 Rules

Sec. 21. The department may adopt rules under IC 4-22-2 to implement this chapter. As added by P.L.102-2005, SEC.8.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/27Fetched: 10/17/2026

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