North Carolina § 58-71-40 - Bail bondsmen and runners to be qualified and licensed; license applications generally.

§ 58-71-40. Bail bondsmen and runners to be qualified and licensed; license applications generally.

No person shall act in the capacity of a professional bondsman, surety bondsman, or runner or perform any of the functions, duties, or powers prescribed for professional bondsmen, surety bondsmen, or runners under this Article unless that person is qualified and licensed under this Article. No license shall be issued under this Article except to an individual natural person. The applicant shall apply for a license on forms prepared and supplied by the Commissioner. The Commissioner may propound any reasonable interrogatories to an applicant for a license under this Article about the applicant's qualifications, residence, prospective place of business, and any other matters that the Commissioner considers necessary to protect the public and ascertain the qualifications of the applicant. The Commissioner may also conduct any reasonable inquiry or investigation relative to the determination of the applicant's fitness to be licensed or to continue to be licensed. A person whose application is denied may reapply, but the Commissioner shall not consider more than one application submitted by the same person within any one-year period. When a license is issued under this section, the Commissioner shall issue a picture identification card, of design, size, and content approved by the Commissioner, to the licensee. Each licensee must carry this card at all times when working in the scope of the licensee's employment. A licensee whose license terminates or is terminated shall surrender the identification card to the Commissioner within 10 working days after the termination. The Commissioner may contract directly with persons for the processing and issuance of picture identification cards required by this section and may charge a reasonable fee in addition to the license fee charged under G.S. 58-71-55 in an amount that offsets the cost of the service, including the costs associated with the contract authorized by this subsection. Contracts entered into pursuant to this subsection shall not be subject to Article 3 of Chapter 143 of the General Statutes. However, the Commissioner shall: (i) submit all proposed contracts for supplies, materials, printing, equipment, and contractual services that exceed one million dollars ($1,000,000) authorized by this subsection to the Attorney General or the Attorney General's designee for review as provided in G.S. 114-8.3; and (ii) include in all contracts to be awarded by the Commissioner under this subsection a standard clause which provides that the State Auditor and internal auditors of the Commissioner may audit the records of the contractor during and after the term of the contract to verify accounts and data affecting fees and performance. The Commissioner shall not award a cost plus percentage of cost agreement or contract for any purpose. While engaged in official duties, a licensee is authorized to carry, possess, and display a shield as described in this subsection. The shield shall fulfill all of the following requirements: Be an exact duplicate in size, shape, color, and design of the shield approved under G.S. 74C-5(12) and pictured in 12 NCAC 07D. 0405 on May 1, 2013, except that the design may be altered by stamping, inlaying, embossing, enameling, or engraving to accommodate the license number. With respect to size of the shield, the shield shall be 1.88 inches wide and 2.36 inches high. Include the licensee's last name and corresponding license number in the same locations as the shield referenced in subdivision (1) of this subsection. With reference to the shield described in subdivision (1) of this subsection, in lieu of the word "Private," the shield shall have the words "North Carolina," and in lieu of the word "Investigator," the shield shall have the words "Bail Agent." This section does not prohibit the hiring of personnel by a bail bondsman to perform only normal office duties. As used in this subsection, "normal office duties" do not include acting as a bail bondsman or runner. Any shield that deviates from the design requirements as specified in this section shall be an unauthorized shield and its possession by a licensee shall constitute a violation of the statute by the licensee. History (1963, c. 1225, s. 9; 1975, c. 619, s. 1; 1995 (Reg. Sess., 1996), c. 726, s. 2; 2001-269, s. 2.4; 2007-507, s. 11; 2010-194, s. 10; 2011-326, s. 15(j); 2013-209, s. 1; 2014-120, s. 12(a).) Editor's Note. - Session Laws 2007-507, s. 11, which, in subsection (d), inserted "terminates or" in the third sentence, and added the next to last and last sentences, was effective January 1, 2008, and applicable to fees or charges due, and actions occurring, on or after that date. Session Laws 2013-209, s. 2, made subsection (d1), as added by Session Laws 2013-209, s. 1, applicable to any person licensed pursuant to G.S. 58-71-40 before, on, or after June 26, 2013. Effect of Amendments. - Session Laws 2011-326, s. 15(j), effective June 27, 2011, in the next-to-last sentence of subsection (d), deleted "statewide and agency term" following "proposed" and inserted "and after." Session Laws 2013-209, s. 1, effective June 26, 2013, added subsection (d1). For applicability, see editor's note. Session Laws 2014-120, s. 12(a), effective September 18, 2014, in subdivision (d1)(1), inserted "except that the design may be altered by stamping, inlaying, embossing, enameling, or engraving to accommodate the license number" at the end of the first sentence and added the last sentence.