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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