31A-35-201. Bail Bond Surety Oversight Board.
(1) There is created a Bail Bond Surety Oversight Board within the department,
consisting of:
(a) the following seven voting members to be appointed by the commissioner:
(i) one representative each from four licensed bail bond surety companies;
(ii) two members of the general public who do not have any financial interest in or
professional affiliation with any bail bond surety company; and
(iii) one attorney in good standing licensed to practice law in Utah; and
(b) a nonvoting member who is a staff member of the insurance department appointed by
the commissioner.
(2) (a) The appointments are for terms of four years. A board member may not serve
more than two consecutive terms.
(b) The insurance commissioner shall, at the time of appointment or reappointment of a
board member described in Subsection (1)(a), adjust the length of terms to ensure that the terms
of board members are staggered so approximately half of the board is appointed every two years.
(3) A board member serves until:
(a) removed by the insurance commissioner;
(b) the member's resignation; or
(c) for a member described in Subsection (1)(a), the expiration of the member's term and
the appointment of a successor.
(4) When a vacancy occurs in the membership of a board member described in
Subsection (1)(a) for any reason, the replacement shall be appointed for the remainder of the
unexpired term.
(5) The board shall annually elect one of its members as chair.
(6) Four voting members constitute a quorum for the transaction of business.
(7) (a) A member described in Subsection (1)(a) does not receive compensation or
benefits for the member's services, but may receive per diem and expenses incurred in the
performance of official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107.
(b) A member described in Subsection (1)(a) may decline to receive per diem and
expenses for the member's services.
(8) (a) The commissioner, with a majority vote of the board, may remove any member of
the board described in Subsection (1)(a) for misconduct, incompetency, or neglect of duty.
(b) The board shall conduct a hearing if requested by the board member described in
Subsection (1)(a) that is to be removed.
(9) Members of the board are immune from suit with respect to all acts done and actions
taken in good faith in carrying out the purposes of this chapter.
Amended by Chapter 307, 2007 General Session
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Last revised: Thursday, May 28, 2009