Rule 16. Regulation of Bail Bondsmen

• 16.01 Specific Court Requirements

  The court shall require that:

  1. Each bail licensee register with the Clerk of Court a personal identification number consisting of his or her birth date, the last four (4) digits of his or her social security number, and the first and last initials of his or her name.  The court may require disclosure of such number during any communication.
  2. Each bail licensee shall annually renew his or her license by filing with the Clerk of Court a power of attorney for each surety insurer that employs him or her.
  3. Each bail licensee at the time of filing the power of attorney shall provide written documentation evidencing the name and address of each and every surety insurer that employs him or her.  Such documentation shall be originally generated by the insurer.
  4. Each bail licensee at the time of filing the power of attorney shall sign a statement agreeing to adhere to these local rules and to further be subject to disciplinary action for violation of such rules as provided herein.

• 16.02 License Requirement - General

  1. An insurer shall not execute an undertaking of bail except by and through a person holding a bail license.  A firm, partnership, association, or corporation, as such, may not be licensed.
  2. A person shall not solicit or negotiate with respect to execution or delivery of an undertaking of bail or bail bond by an insurer, or execute or deliver such an undertaking of bail or bail bond unless licensed as provided in these local rules.
  3. A bail bondsman may not become a surety on an undertaking unless he or she has registered in the office of the county sheriff for a building identification card. The sheriff shall not permit the registration of a bail bondsman unless such bondsman is currently licensed by the Department of Insurance as provided in these local rules.

• 16.03 License Requirement - Qualifications

  An application for a license as a bail bondsman must be submitted on forms prescribed by the Department of Insurance and pursuant to the licensing requirements under Ohio Revised Code Section 3905.01 et seq.

• 16.04 Prohibitions

  1. A person may not act in the capacity of a bail bondsman or perform any of the functions, duties, or powers prescribed for bail bondsman unless:
     1. such person is licensed as provided herein
     2. such person is employed by a surety insurer
  2. No person who has been convicted of, or who has pleaded guilty or no contest to a felony or a crime involving moral turpitude or a crime punishable by imprisonment of one (1) year or more under the law of any state, territory or country, regardless of whether adjudication of guilt was withheld, shall be eligible to receive court privileges to participate in undertakings of bail or bail bond unless, as of the date this local rule shall take effect, such person is already licensed as a bail bondsman in the State of Ohio.
  3. A bail bondsman may not:
     1. Participate in the capacity of an attorney at a trial or hearing of one on whose bond he or she is surety.
     2. Make any statement or representation to the court unless such statement or representation is under oath.  Such statement or representation may not be false, misleading, deceptive, or otherwise perjurious.
     3. Make false, misleading, deceptive, or otherwise perjurious statements or representations to the Department of Insurance during the application process as provided for in these local rules.
     4. Charge a fee to his principal for personal bonds received from the court
     5. Participate in any conduct or activity that impedes the Court’s efficient operation.

• 16.05 Penalties

  1. Any bail licensee who violates the provisions of Local Rule 16.04(C)(1) commits a misdemeanor of the first degree, punishable as provided by the laws of the State.
  2. Any bail licensee who violates the provision of Local Rule 16.04(C)(2) may be subject to a felony of the third degree, punishable as provided by the laws of the State.
  3. Any bail licensee who violates the provisions of Local Rules 16.04 (A) and (B) shall be subject to suspension of his or her privileges to participate in any undertaking of bail or bail bond in this court.

• 16.06 Applicability of Rule

  The provisions as set forth in these local rules shall be binding only in the Cleveland Municipal Court.  Nothing in these local rules shall be read to exclude the requirements set forth in Ohio Revised Code Section 3905.01 et seq. or any other governing law of the State.

• 16.07 Effective Date

  The Regulation of Bail Bondsmen as provided in this rule became effective November 1, 1994.