11 NCAC 13 .0542             BAIL BOND PRELICENSING AND BCEC INSTRUCTORS

(a)  A person desiring approval as a bail bond prelicensing or BCEC instructor shall make written application to the Commissioner.

(b)  Instructor applicants must be sponsored by a provider seeking to employ the applicant as an instructor.  If the employing provider is not currently approved by the Commissioner, an application for prelicensing or BCEC provider approval shall be submitted along with the application for instructor approval.

(c)  The Commissioner shall approve an applicant for a bail bond prelicensing instructor upon finding that the applicant has met the following qualifications:

(1)           Has not been disqualified in any manner under Chapter 58 of the North Carolina General Statutes; and

(2)           Has 10 years or more experience in the NC bail bond industry;

(d)  The Commissioner shall approve an applicant for a BCEC instructor upon finding that the applicant has met the following qualifications:

(1)           Has not been disqualified in any manner under Chapter 58 of the North Carolina General Statutes; and

(2)           Has five or more total years experience in the following:

(A)          NC bail bond industry;

(B)          full time employee of a surety insurance company;

(C)          NC law enforcement or the judicial system;

(D)          Skip tracer;

(E)           Private investigation; or

(F)           Banking, certified public accountant or other profession related to business management principles.

(e)  Instructor applicants shall submit to a personal interview by the Agent Services Division.  A written history of courses taught by the applicant or other documentation is required to verify the applicant's qualifications to instruct approved courses.

(f)  The Commissioner shall deny, summarily suspend, or terminate the approval of an instructor upon finding that:

(1)           The instructor fails to meet the criteria for approval provided by this Rule;

(2)           The instructor has failed to comply with statutes or rules regarding prelicensing or BCEC courses;

(3)           The instructor provided false information to the Commissioner;

(4)           The instructor has at any time been disqualified under Chapter 58 of the North Carolina Department of Insurance; or

(5)           The instructor has obtained or used, or attempted to obtain or use examination questions, in any manner or form.

(g)  In all proceedings to deny, revoke, suspend, or terminate approval of an instructor, the provisions of Chapter 150B of the General Statutes are applicable.

(h)  When an instructor's approval is discontinued, the procedure for reinstatement is to apply as a new instructor, with a statement of reasons that he is now eligible for reconsideration.  The Commissioner shall perform an investigation before new approval is granted.

History Note:        Authority G.S. 58-2-40; 58-71-7;

Eff. October 1, 2010;

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