11 NCAC 13 .0519             FINGERPRINTS REQUIRED FOR CRIMINAL RECORD CHECKS

(a)  The following individuals shall furnish the Commissioner with a complete set of fingerprints as authorized by G.S. 58-71-51:

(1)           An applicant for an initial professional bail bondsman, surety bail bondsman, or runner license;

(2)           A licensed professional bail bondsman, surety bail bondsman, or runner applying for another type professional bail bondsman, surety bail bondsman, or runner license;

(3)           A professional bail bondsman, surety bail bondsman, or runner license applicant applying for reinstatement of a license that has lapsed or expired;

(4)           A professional bail bondsman, surety bail bondsman, or runner license applicant who has been disqualified in any manner under Chapter 58;

(5)           A professional bail bondsman, surety bail bondsman, or runner license applicant  whose license has been suspended or revoked for non-payment of child support pursuant to G.S. 110-142.1; and

(6)           A licensed professional bail bondsman, surety bail bondsman, or runner submitting a renewal application in an even-year pursuant to G.S. 58-71-75.

(b)  As authorized by G.S. 58-71-51, fingerprints shall be furnished in the following manner:

(1)           Each applicant shall have a complete set of their fingerprints electronically captured by a criminal law enforcement agency approved by the State Bureau of Investigation to submit fingerprints via electronic means;

(2)           The Electronic Fingerprint Submission Release of Information Form that has been completed and certified by a law enforcement officer that the applicant's fingerprints have been submitted via electronic means to the SBI shall be submitted with the application;

(3)           The Authority For Release of Information form required by the SBI to release the criminal history record check information to the Department shall be submitted with the application;

(4)           The cost for the state and national criminal history record fee that is set forth pursuant to G.S. 114-19.1(a) shall be submitted with the application; and

(5)           All fingerprint impressions must be suitable for use by the SBI to conduct a state criminal history record check and for the Federal Bureau of Investigations (FBI) to conduct a national criminal history record check.  If the SBI deems the electronic fingerprints are not suitable, the Commissioner shall notify the applicant and provide instructions for them to resubmit their fingerprints in the manner set forth in Subparagraph (1) of this Paragraph within 30 days.

(c)  The professional bail bondsman, surety bail bondsman, or runner initial or renewal license application is not complete until the Department receives the state and national criminal history record information.  In accordance with G.S. 58-71-50 and 58-71-75, the Commissioner shall not issue a license to a professional bail bondsman, surety bail bondsman, or runner license applicant who does not satisfy the initial and renewal license application requirements.

History Note:        Authority G.S. 58-2-40; 58-71-50; 58-71-51; 58-71-75;

Eff. October 1, 2010;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 25, 2016.