Post on 24-Jun-2015
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Weft and Wright, P.L.L.C.
Attorneys at Law
11 Middle StreetRaleigh, NC 27604
(919) 723-2820 LOWW@LawGiver.com
February 27, 2013
Captain M. Emmet Bryant, ret.4200 West Arcadia DriveClayton, NC 27510
RE: Becoming a North Carolina bail bondsman or runner
Dear Captain Bryant:
We at Weft and Wright are very pleased that you have chosen us to assist you in
becoming a bail bondsman. We also commend you on your desire to continue to protect and
serve the people of Johnston County after 24 years of service in law enforcement. This letter
covers the requirements for you becoming a bail bondsman in North Carolina, as well as Mr.
Deckard and Mr. Gaff becoming runners. In North Carolina bounty hunters are classified as
runners or bail bondsman runners.
I. Considerations
Pursuant to North Carolina General Statute Chapter 58-71-41(a), any person who holds a
bail bondsman or runner license for twelve or fewer months must operate as an employee or
contractor under the supervision of a licensed supervising bail bondsman, and from that licensed
supervising bail bondsman’s official business address. This means that a newly licensed bail
bondsman or runner cannot operate as an independent agent for a minimum of twelve months.
Furthermore, a first year bail bondman is prohibited by law from operating as a supervising bail
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bondsman for the first two years of holding a bail bondsman license which means that a newly
licensed bail bondsman cannot hire runners for at least two years.
During the first twelve months of holding the license, the bail bondsman can operate as a
surety bondsman who is appointed by power of attorney from a surety company with the
authority to execute or countersign bail bonds for the insurer in connection with judicial
proceedings. After twelve months of holding the license, the surety bondsman can then take the
professional bail bondsman exam. Prior to the license being issued, a minimum of fifteen
thousand dollars ($15,000.00) must be placed in the security deposit of a U.S. bank authorized
by the Commissioner of Insurance of North Carolina.
Prior to the issuance of the license it must be verified that the bail bond runners and
surety bondsman have found a licensed professional bail bond agent who has agreed to supervise
them, and the professional bail bondman’s email address must be on the license application.
The person applying for a license of runner can only be employed by one professional
bondsman who endorses the license application and agrees to supervise the work of the runner
and assume responsibility of the runner’s conduct while on duty.
By North Carolina law, anyone involved with the criminal justice system, such as a
sheriff, attorney, or jailer cannot be a bail bondsman or a runner. Therefore, as long as Mr. Gaff
is employed as a bailiff for the Wake County Sheriff’s Department he is disqualified from being
a runner.
II. Qualifications
Just as in law enforcement, no person can perform any of the functions, duties, or powers
of a bail bondsman or runner unless qualified and licensed to do so. The license to become a bail
bondsman or runner is issued by the Commissioner of Insurance in North Carolina.
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An applicant must be over the age of eighteen and have a high school diploma or
equivalent. He or she must be a resident of North Carolina for a minimum of six continuous
months with a valid and current North Carolina driver’s license or identification card issued by
the North Carolina Division of Motor Vehicles. The driver’s license or identification card is
necessary for proof of residence in North Carolina along with one of the following documents:
(1) a pay stub or utility bill with your North Carolina residential address; (2) a signed written
lease agreement or deed of property in North Carolina; (3) a receipt of your most recent personal
property taxes or real property taxes paid to North Carolina: (4) a current monthly or quarterly
North Carolina financial institution bank statement that shows the applicant’s North Carolina
residential address. The applicant must have sufficient competency and years of experience
necessary to fulfill the duties and responsibilities of a bail bondsman or runner. There can be no
outstanding bail bond obligations, no felony conviction or crime involving dishonesty, breach of
trust, or moral turpitude, and no violation of any state or federal law or regulation governing bail
bonding or insurance in North Carolina or any other state.
In addition to violations of the law, the following can cause a person to lose his or her
bail bondsman or runner’s license in North Carolina: (1) a misdemeanor or felony committed in
the recapture of a bail jumper; (2) any cheating, material misstatement, misrepresentation, or
fraud in obtaining the license; (3) knowingly aiding or abetting others to revoke or violate any of
the rules dealing with being a bail bondsman or runner; (4) having any professional license
denied, suspended, or revoked in North Carolina or any other state for causes substantially
similar to those involved with being a bail bondsman or runner; (5) entering into any business
association or agreement with any person who is found to be in violation of any of the bail bond
laws of North Carolina or any or state.
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III. Fingerprinting & Criminal Background Check
All license applicants must have a fingerprint background check performed. A fingerprint
package with the appropriate forms is sent via email from the North Carolina Licensing
Management System. These forms should be completed and taken to a local law enforcement
office that does Live Scan electronic fingerprints because ink fingerprint images cannot be
mailed and must be sent to the State Bureau of Investigation electronically. After the fingerprints
are taken, all ink fingerprint images are returned and the law enforcement officer then signs the
Electronic Fingerprint Submission Release of Information form. This form is uploaded by the
applicant to https://i7lp.integral7.com/ncdoi or sending the form to the North Carolina Office of
Pearson VUE by mail, fax, or email. The State Bureau of Investigation conducts a state and
national criminal background check and the results of this check, which take seven business days
to six weeks, are sent to the North Carolina Office of Pearson VUE who then forwards it to the
North Carolina Department of Insurance for review.
Once the criminal background check is approved by the North Carolina Department of
Insurance, the applicant receives an authorization to test letter that must be taken to the test
center on the day of the test. The applicant can now schedule the exam at https://i7lp.integral7.
com/ncdoi.
IV. Obtaining the License
Each applicant for a bail bondsman or runner license must attend and pass a pre-licensing
education class that is conducted by the North Carolina Bail Agents Association at the
McKimmon Center in Raleigh. The cost for the pre-licensing class is five-hundred dollars
($500.00). This class is geared towards enhancing the competence of being a bail bondsman or
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runner and more information can be obtained at http://www.ncbaa.com/careers/get-licensed/.
Prior to going to the pre-licensing class a copy of the bail bondsman or runner license application
should be obtained from the North Carolina Department of Insurance at 919-807-6800, or on
their website at: http://www.ncdoi.com/asd/. Once the certificate of pre-licensing education is
earned, the process of getting the license can begin.
All applicants for a new bail bondsman or runner license complete a new license
application at https://i7lp.integral7.com/ncdoi. The process for taking the license exam is
described in full detail at http://www.asisvcs.com/publications/pdf/BB3408.pdf. We at Weft and
Wright would be happy to provide you with an application. There are no study manuals or
preparatory courses related to taking the examination and any that are offered should be avoided.
Overview of all fees to become a bail bondsman in N.C.
Pre-license education class at McKimmon Center $500.00
Bail bondsman license exam fee $56.50
Bail bondsman license fee $263.00
License processing fee $50.00
Criminal background history background check fee $38.00
Total cost to become a bail bondsman in N.C. 907.5
Overview of all fees to become a runner in N.C.
Pre-license education class at McKimmon Center $500.00
Bail bondsman license exam fee $56.50
Bail bondsman license fee $183.00
License processing fee $50.00
Criminal background history background check fee $38.00
Total cost to become a runner in N.C. 827.5
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Passing the exam is indicated with the word “pass” only as no numeric score is reported.
Applicants who fail the exam receive general diagnostic information relevant to each major
content area of the exam to help identify areas of strength and weakness in order to prepare for
taking the examination again in the future which is, by law, a minimum of twelve months. After
passing the examination, the applicable license is sent via regular mail within ten to twelve days
after the examination date.
V. Gun Permits
Mr. Harrison Deckard has a license from Virginia authorizing him to carry a handgun on
his person. Pursuant to North Carolina General Statute Chapter 14-415.24(a), North Carolina
honors any valid concealed handgun permit or license issued by another state. The Virginia
permit is valid for five years from the date it was issued. Captain Bryant and Mr. Gaff should
consider getting North Carolina gun permits considering the amount of personal risk involved in
the bail bond business. We at Weft and Wright would be happy to assist Mr. Deckard with
renewing his Virginia permit or obtaining a North Carolina gun permit once the current permit
expires, and assisting Captain Bryant and Mr. Gaff with obtaining their North Carolina gun
permits.
VI. Recommendations
Pursuant to your desire to become a bail bondsman and hire Mr. Deckard and Mr. Gaff as
runners, you would have to operate under the supervision of a professional bail bondsman and at
the official address of the professional bail bondsman’s place of business. You will need to do
this for one year before you could become a professional bail bondsman eligible to hire Mr.
Deckard and Mr. Gaff as runners, and have a minimum of fifteen-thousand dollars ($15,000.00)
placed in a savings account.
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Mr. Gaff should seriously consider the financial risks involved in resigning from his
current occupation in order to be eligible to operate as a runner. It would be realistic for you to
eventually own and operate your own bail bond business though the competition in the region
would have to be considered as to date there are twenty bail bond businesses in Clayton alone,
and Johnston County is surrounded by six other counties. If and when you are interested in
starting your own bail bond business, Weft and Wright would be happy to assist you in your
endeavor.
Sincerely,
Bea Little Wright,
BLW/clh
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