§ 58-71-41. First-year licensees; limitations.

§58‑71‑41.  First‑year licensees; limitations.

(a)        Except as providedin this section, a first‑year licensee shall have the same authority asother persons licensed as bail bondsmen or runners under this Article. Exceptas provided in subsection (d) of this section, a first‑year licenseeshall operate only under the supervision of and from the official businessaddress of a licensed supervising bail bondsman for the first 12 months oflicensure. A first‑year licensee may only be employed by or contract withone supervising bail bondsman.

(b)        When a first‑yearlicensee has completed 12 months of supervision, six of which shall beuninterrupted, the supervising bail bondsman shall give notice of that fact tothe Commissioner in writing. If the licensee will continue to be employed by orcontract with the supervising bail bondsman beyond the initial 12‑monthperiod, the supervising bail bondsman shall continue to supervise and beresponsible for the licensee's acts.

(c)        If the employmentof or contract with a first‑year licensee is terminated, the supervisingbail bondsman shall notify the Commissioner in writing and shall specify thereason for the termination.

(d)        If, afterexercising due diligence, a first‑year licensed bail bondsman is unableto become employed by or to contract with a supervising bail bondsman, thefirst‑year licensed bail bondsman must submit to the Department a swornaffidavit stating the relevant facts and circumstances regarding the first‑yearlicensed bail bondman's inability to become employed by or contract with asupervising bail bondsman. The Department shall review the affidavit anddetermine whether the first‑year licensed bail bondsman will be allowedto operate as an unsupervised bail bondsman. A first‑year licensed bailbondsman is prohibited from becoming a supervising bail bondsman during thefirst two years of licensure.

(e)        Provided all otherlicensing requirements are met, an applicant for a bail bondsman or runner'slicense who has previously been licensed with the Commissioner for a period ofat least 18 consecutive months and who has been inactive or unlicensed for aperiod of not more than three consecutive years shall not be deemed a newlicensee for purposes of this section. (2000‑180, s. 3.)