The Division of Insurance is responsible for administering and enforcing Colorado Insurance Laws regulating the bail bonding industry and for handling complaints against bail bonding agents. Complaints are received through a variety of channels such as consumers, insurers, law enforcement, courts, and other licensees. Complaints generally address criminal convictions, inappropriate behavior, bond revocations, forfeiture violations, failure to return collateral, failure to provide written premium or collateral receipts, overcharging of premium, misappropriation of premium and collateral, other fiduciary violations and failure to provide required documents to the consumer. These types of practices have the potential to harm consumers resulting in significant economic harm to Colorado citizens.
The Division may investigate and may make rules and regulations as necessary and may take disciplinary action by denying, suspending, revoking, or refusing to renew the license of a bail bonding agent, and may impose civil penalties. The Division reports complaint and enforcement action information to the National Association of Insurance Commissioners (NAIC) for inclusion in the NAIC’s national database. Colorado Insurance Law also contains criminal penalties for specific activities which are illegal for bail bonding agents. Numerous statutory changes including reforming records and record keeping requirements have occurred over the years to enhance the protection of the consumer.
Consumers should be aware of their rights when transacting bail bond business. This website provides information regarding the bail bond practice and links to other websites to assist in the education and protection of consumers.
If you have any questions relating to bail bonds please contact the Division.
FAQ for Surety Bail Agents
- Applying for licensure as an insurance producer with casualty authority, felons, fingerprints, and education requirements
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Q. What are the requirements to apply for licensure as a new insurance producer
with the casualty line of authority who is authorized to write bail bonds?- Complete the casualty prelicensing education
- Take and pass the casualty licensing examination
- Complete the bail bonding agent preappointment education
- Obtain an appointment with a bail insurance company
- Apply for an insurance producer license with the casualty line of authority
Q. Are fingerprints required?
No.
Q. Am I required to take casualty prelicensing education?
Yes - 50 hours of casualty prelicensing
Q. Am I required to take bail bonding agent preappointment education?
Yes - 8 hours regarding bail bonding and 16 hours regarding bail recovery practices. An insurance company shall not appoint an insurance producer to act as its agent to write bail bonds unless you have taken and passed the bail bonding preappointment
education.Q. Are the prelicensing classes for casualty and bail bonding separate?
Yes, the prelicensing education for casualty and the preappointment education for bail will be completely separate.
Q. Will bail bonding agent prelicensing education current classes/certificates given during June be considered valid as bail bonding agent pre-licensure education?
The bail bonding prelicensure education must have been completed prior to the last bail test which was administered on June 2, 2012. Any certificate issued by an approved bail bonding prelicensure provider in June 2012 will be “valid” for the “preappointment” requirement set forth in § 10-2-415.5(2)(c)(I)(a) and (b), C.R.S. (effective July 1, 2012). However the insurers may, at their discretion, choose not to accept them knowing that the material that was taught was based on the old law and not the new law..
Q. Will the examination for bail agents include any casualty items?
There will not be a separate test for bail agents. Individuals that want to sell bail bonds will take casualty prelicensing courses and will take the casualty licensing examination.
Q. Will there be a separate test for bail agent authority?
There is no such thing as bail agent authority. To be qualified to write bail bonds in Colorado as of 7/1/2012 you must be licensed as an insurance producer with the
casualty line of authority. In addition, you must be appointed to write business with a
bail insurance company. You cannot become appointed to write business with a bail
insurance company until you have completed the preappointment education required by § 10-2-415.5, C.R.S. (effective July 1, 2012).Q. Am I required to take continuing education?
Yes.
Q. If I have a felony conviction, do I have to comply with § 18 USC 1033 and 1034?
Yes, if you have a felony conviction involving breach of trust or crime of dishonesty, you are required to apply for a waiver from the commissioner to conduct the business of insurance through interstate commerce. There is no time restriction regarding the date of a felony conviction. Any felony conviction involving breach of trust of crime of dishonesty is included under § 18 USC 1033 and 1034.
Q. Can I become licensed as an insurance agency/business entity?
Yes.
Q. What are the licensing requirements for an insurance agency/business entity?
See §§ 10-2-404, 405 and 406, C.R.S. (effective July 1, 2012).
Q. Will the Division issue non-resident licenses to sell bail bonds in Colorado.
Yes.
- Bail Recovery
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Q. What are the requirements for bail recovery and who can do bail recovery?
There are no requirements for bail recovery. The Division does not regulate bail
recovery. - On the Board
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Q. What role does the Division play in the on the board process?
None. Contact State Judicial regarding the On the Board process.
- Prelicensing Education and Continuing Education Provider Information
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Q. Does the bail bonding preappointment education course need to include all the statutes, regulations, definitions, bulletins for Casualty?
No. The course needs to include the information pertinent to bail – see § 10-2 415.5, C.R.S. (effective July 1, 2012).
Q. Does the Casualty prelicensing education course need to include all the statutes, regulations, definitions, bulletins for Bail?
Yes.
Q. Does an existing bail bonding agent course provider need to submit a new lesson plan for bail only?
Yes, the statute numbers have changed and the rules will be changing and thus at least a portion of your course will need to be resubmitted for approval as a preappointment course.
Q. Is an existing bail bonding agent prelicensing course provider required to submit a new lesson plan that includes all the required study material for Casualty and Bail?
Yes, if you want to become a prelicensing education provider for the casualty line of
authority.Q. Does the examination for bail agents include any casualty items?
There will not be a separate test for bail agents. Individuals that want to sell bail bonds will take casualty prelicensing courses and will take the casualty licensing examination.
Q. Is there be a separate test for bail agent authority?
There is no such thing as bail agent authority. To be qualified to write bail bonds in
Colorado you must be licensed as an insurance producer with the casualty line of authority. In addition, you must be appointed to write business with a bail insurance company. You cannot become appointed to write business with a bail insurance company until you have completed the education required by § 10-2-415.5,
C.R.S. (effective July 1, 2012).