Download CA CALIFORNIA BAIL BONDS STATE EXAM 2024 | 2 ACTUAL EXAM VERSIONS CURRENTLY TESTING WITH A and more Exams Law in PDF only on Docsity! CA CALIFORNIA BAIL BONDS STATE EXAM 2024 | 2 ACTUAL EXAM VERSIONS CURRENTLY TESTING WITH A PRACTICE EXAM TEST BANK AND A STUDY GUIDE | ACCURATE AND EXPERT VRRIFIED FOR GUARANTEED PASS | LATEST UPDATE How long must a licensed bail agent keep their records? a) 3 years. b) 5 years from the last transaction. c) Until the Department of Insurance comes to inspect. d) None of the above. B Who regulates the bail industry? a) Penal Code. b) Insurance Commissioner c) Courts. d) None of the above. B A bail solicitor may transact under: a) His employers own or approved fictitious name. b) His employers and his own approved fictitious business name. c) His own or approved fictitious name. d) None of above. A Who makes the bail schedule for felonies? a) Sheriff's Department b) Superior, Municipal and Justice Court Judges. c) A committing Magistrate d) All of the above. B Bail license renewal for licenses issued after January 1, 2011 will be due: a) Two years after the last calendar day of the month in which the initial license was issued. b) One year after the last calendar day of the month in which the initial license was issued. c) Four years after the last calendar day of the month in which the initial license was issued. d) None of the above. A On behalf of any surety insurer while there is in effect an unrevoked notice of appointment of such insurer, a bail agent's license by its terms permits the licensee to: (indicate the incorrect answer) a) Solicit undertakings of bail b) Negotiate undertakings of bail c) Issue undertakings of bail d) Effect undertakings of bail C Who can be a surety? a) Any licensed bondsman. b) Property and Casualty insurance company. c) Any natural person. d) All of the above. C If a bond is not forfeited and the person or persons are done with all of their court appearances, how long does the superior court need to keep the exonerated bond? a) One year b) Three years c) Five years d) Ten years B What documents do you give the Indemnitor? a) Copies of any document they sign. b) Receipt for money you receive. c) A and B d) None of the above. C The court may destroy most case records after; a) Six months b) One year c) Three years d) Ten years D The commissioner of the Department of Insurance has the ability to arbitrarily change what laws? a) Penal b) Insurance c) The defendant has is a fugitive and notice has been given to the court d) None of the above A A bench warrant for a defendant's failure to appear may not be issued if; a) The court believes the defendants failure to appear has a reasonable excuse b) The defendant is deceased c) The attorney asks for a continuance d) The court believes the defendant was not notified of the court date A You retired from law enforcement and now want to become a bail agent, you may if: a) Six months have passed and you obtain permission from the commissioner b) Three years have passed c) Two years have passed d) Five years have passed C If two people want to be partners in a bail business but one partner is not a licensed bail agent; a) The licensed agent must own 51% of the business b) All partners must be licensed c) The non-licensed partner cannot have an active or controlling interest in the business d) All of the above C 41. How are fiduciary funds maintained? a) Held in a trust account b) Held in a general account c) May be used to purchase stock d) None of the above A 42. You plan to use a fictitious business name for your bail agency; who must approve the name? a) City in which you are doing business b) County in which you are doing business c) Department of Insurance Commissioner d) All of the above C 43. Where would you obtain a certified copy of an undertaking? a) Your Surety company b) The Court c) A Notary Public d) The local bank B 44. Who can deliver a power of attorney? a) Professional Mail Courier b) The defendants attorney c) Licensed Bail Agent d) All of the above D 45. If a bail agent fails to deliver a defendant to court for the purpose of surrender he or she is guilty of: a) An infraction b) A felony c) A misdemeanor d) Bad judgment C 46. A surety shall be released of all obligations under the bond if what conditions apply? a) The clerk fails to mail the notice of forfeiture in accordance with section Penal Code section 1305 within 30 days after the entry of forfeiture. b) The clerk fails to mail the notice for forfeiture to the surety at the address printed on the bond. c) The clerk fails to mail a copy of the notice of forfeiture to the bail agent at the address shown on the bond. d) Any of the above D 47. When any bond is forfeited and the period of time specified in Penal Code section 1305 has elapsed without the forfeiture having been set aside, the court which has declared the forfeiture, regardless of the amount of the bail shall; a) Enter a summary judgment against each bondsman named in the bond b) Demand immediate payment of the judgment within 30 days after the summary judgment becomes final. c) Issue a bench warrant for the bail bondsman d) A and B A 48. All fines and forfeitures imposed and collected from crimes other than parking offenses shall be deposited with: a) The court clerk b) The city treasurer c) The county treasurer d) The Department of Insurance C 49. In the bail industry, an undertaking of bail is considered a written instrument in which a contract of insurance is set forth. The contract of insurance is: a) An agreement b) A policy c) A power of attorney d) None of the above B 50. Any changes to the schedule of charges for bail shall be filed with the Department of Insurance Commissioner within: a) 5 days b) 10 days c) 30 days d) 60 days A 51. When does the bail license expire for agent licenses issued prior to January 1, 2011? a) June 30th every odd-numbered year. b) May 1st every even-numbered year c) July 1st every odd-numbered year d) None of the Above A 52. A natural person is defined as: a) A person born in the USA b) A human being c) An environmentalist d) None of the above B 53. Where does a bail agent keep his/her identification? a) On their person at all times b) In the glove compartment of their vehicle c) In their office d) None of the above A 54. A bail solicitor may; a) Conduct business for more than one bail agent c) Fire and Casualty Agents d) Property and Casualty Agents C 66. Federal law (Title 18 United States Code Section 1033) prohibits anyone who has been convicted of a felony involving dishonesty or a breach of trust from conducting the business of insurance unless they have obtained: a) A written consent of the Insurance Commissioner b) A written statement from the Court stating the conviction was expunged or discharged c) A written consent from the Attorney General d) None of the Above A 67. Notice to the Insurance Commissioner of any change in stockholders, officers or directors for a corporation is required: a) Within 10 days of change(s) b) Only when requested by the department c) Prior to change(s) d) Within 15 days of change(s) C 68. An individual Bail agent's and a permittee's license may be applied for at the same time, on the same application. What bond is required: a) Bail Agent bond b) Bail Solicitor bond c) Bail Permittee bond d) Both A and C C 69. The Insurance Commissioner shall not suspend or revoke any license, without first granting a hearing, upon reasonable notice to the applicant, except that he may temporarily suspend any such license for a period not exceeding: a) 10 days b) 15 days c) 30 days d) 90 days B 70. If a bail solicitor is to work for two or more bail licensees who are members of a partnership: a) A separate Action Notice Statement from each employer and an additional filing fee for each is required b) A bail solicitor may not work for a partnership c) A separate Action Notice Statement from each partner is required d) Only one Action Notice Statement is required A 71. Any person actually detained or subject to detention in custody whose release may lawfully be effected by bail is defined as: a) Defendant b) Bailee c) Arrestee d) Criminal C 72. A Bail licensee may aid an attorney under what circumstances: a) Bail licensee may furnish forms for or aid an attorney in negotiating an assignment b) Bail licensee may upon release of collateral, honor an assignment to an attorney if the licensee took no part in the negotiation of such assignment c) Bail licensee may accept, collect or transmit to an attorney any money or other item of value for attorney's fees d) All of the above B 73. The Insurance Commissioner may issue a temporary license to the executor or administrator of the estate of a deceased holder of a bail agent's license pending the disposal of the business for a period of: a) 6 months b) 12 months c) 18 months d) 24 months B 74. Select the most complete answer; When the court has declared a forfeiture of a bond, it went through a summary judgment against the bondsman... a) In the amount of which the bondsman is bound. b) For twice the amount of which the bondsman is bound. c) In the amount for which the bondsman is bound for plus cost, and notwithstanding any other law, no penalty assessment shall be levied or added to the judgment. d) In the amount for which the bondsman is bound plus penalty assessment which will be determined by the court. C 75. John Doe, a bail licensee, purchases a business of another bail licensee, which of the following must be true to entitle Mr. Doe to use the name used in the bail business by his predecessor? Select the most complete answer: a) The name used by the predecessor must be his true name and not a fictitious name. b) The predecessor must have a bail license for two or more years. c) The predecessor conducting business for more than two consecutive years before selling a business to John Doe. d) A, B, and C are true. C 76. A person licensed as a bail solicitor: a) May not at the same time be licensed as a bail permittee b) May be licensed as a solicitor for each partner in the bail business c) May not be an active member of the State Bar Association d) A, B, and C are all true D 77. A bail licensee shall complete a continuing education course annually prior to the renewal of his license that shall consist of: (Select the incorrect answer) a) Not less than six hours of classroom continuing education. b) Not less than six hours of Internet or correspondence course continuing education and a passing grade of at least 70 percent on a written final exam. c) Not less than twelve hours of continuing education. d) Exemption by submitting proof satisfactory to the commissioner that he or she has been a licensee in good standing for 30 continuous years in California and is 70 years of age or older. C 78. Every county clerk in California needs to know the names of the holders of the bail agent, bail permittee licenses and bail solicitors together with their license numbers, they obtain this information how; a) From each individual licensee by requesting the information from the Commissioner b) Automatically from the Insurance Commissioner c) From the licensee when they first post bail d) A, B, and C are false B 79. Before the court reduces bail below the amount established by the bail schedule approved for the county for a person charged with a serious felony, the court shall make a finding of unusual circumstances and shall set forth those facts on the records. "Unusual circumstances" shall include such considerations as a fact that the defendant...(select the most complete response) a) Has no previous criminal record b) Has made all prior court appearances c) Has not committed any new offenses d) A, B, and C must all be considered A 89. Who can be a bail agent: (select best complete answer) a) A natural person who has been in the United States lawfully for over three years b) A person of good business reputation c) A person with good general reputation d) All of the above B 90. Any person who has been arrested may be released on his or her own recognizance by a court or magistrate unless the following conditions exist: (select the correct answer) a) The defendant is charged with a capital offense. b) Release will compromise public safety. c) Defendant will not reasonably assure appearance as required d) All of the above. D 91. All surety companies which execute undertakings of bail shall keep any monies collected from licensed bail agents as buildup or reserve funds in segregated trust accounts within the state. The accounts shall be maintained in any of the following: (select the correct answer) a) A FDIC insured checking account, savings account, or certificate of deposit. b) United States government bonds and treasury certificates for which the faith of the United States is pledged for the payment of principal and interest. c) Repurchase agreements collateralized by securities issued by the United States government. d) All of the above are true. D 92. Every bail licensee shall, at the time of obtaining the release of an arrestee on bail or immediately thereafter, deliver to such arrestee or, if negotiations concerning the bail were not with the arrestee, to the principal person with whom such negotiations were had, a numbered document containing the following information: (select the incorrect answer) a) The name of the surety insurer. b) The name and address of the bail licensee. c) The booking number. d) The date, time and place of the arrestee's required appearance. C 93. No bail licensee shall surrender an arrestee to custody prior to the time specified in the undertaking of bail or the bail bond for the appearance of the arrestee, or prior to any other occasion when the presence of the arrestee in court is lawfully required, without returning all premium paid for such undertaking or bond; except; (select the correct answer) a) Information was concealed or misrepresented by the arrestee. b) As a result of judicial action. c) Arrestee was surrendered at the request of the guarantor d) All of the above are correct. D 94. Business cards and other print advertisements distributed in this state by a bail licensee shall prominently affix, type, or cause to be printed must contain the following information: a) Bail license number in type the same size as any indicated telephone number, address, or fax number. b) Licensee name in type the same size as any indicated telephone number, address, or fax number. c) Rate charged in type the same size as any indicated telephone number, address, or fax number. d) All of the above are correct. A 95. An arrestee may be released under an own recognizance when a signed release agreement with the following conditions is filed with the clerk of the county or other person authorized to accept bail: (select the most complete answer) a) An acknowledgement that he or she has been informed of the consequences and penalties applicable to violation of the conditions of release. b) A promise to appear at all times and places as ordered by the court or magistrate, to obey all reasonable conditions imposed by the court or magistrate, and a promise not to depart this state without leave of the court. c) An agreement by the defendant to waive extradition. d) An acknowledgement that a background search will be conducted. B 96. Any collateral received shall be returned to the person who deposited it with the bail licensee or to any assignee of such person, other than the bail licensee or his representative; (select the most correct answer) a) As soon as the bail licensee is advised that the bond has been exonerated and all premiums are paid. b) Within thirty days from the bond exoneration. c) As soon as the bail licensee is advised that the bond has been exonerated. d) Immediately upon written notice from the defendant. A 97. A defendant shall not be released from custody under an own recognizance until the defendant files with the clerk of the county or other person authorized to accept bail a signed release agreement which includes: (select the most incorrect answer) a) A promise not to depart the county without leave of the court or magistrate. b) A promise to appear at most times and places, as ordered by the court or magistrate. c) A promise to pay 10% of the bond amount. d) A promise to obey all reasonable conditions imposed by the court or magistrate. C 98. The purpose of the insurance codes requiring professional standards of conduct on the part of all persons licensed is: (select the correct answer) a) To protect the licensed agent. b) To protect the public. c) To protect the department of insurance. d) To protect defendants and indemnitors. B 99. If a defendant is arrested without a warrant for a bailable felony offense, how may the defendant request release on a bail lower than that provided in the bail schedule; a) The defendant, either personally or through his or her attorney may make an application to the magistrate. b) The defendant, either personally or through his or her family member may make an application to the magistrate. c) The defendant, either personally or through his or her friend may make an application to the magistrate. d) All of the above are true. D 100. Any person who transacts insurance without a valid license is guilty of: (select the most correct answer) a) A felony punishable by a fine not exceeding $50,000 or by imprisonment in a county jail for a period not exceeding one year, or by both that fine and imprisonment. b) A misdemeanor punishable by a fine not exceeding $10,000 or by imprisonment in a county jail for a period not exceeding one year, or by both that fine and imprisonment. c) A misdemeanor punishable by a fine not exceeding $50,000 or by imprisonment in a county jail for a period not exceeding one year, or by both that fine and imprisonment. d) A felony punishable by a fine not exceeding $10,000 or by imprisonment in a county jail for a period not exceeding two years, or by both that fine and imprisonment. C 101. At anytime before the forfeiture of an undertaking, the bail agent may surrender the defendant to custody. In making the surrender, the bail agent; a) May provide to the officer of the court, an affidavit given to the agent by the surety company listing all the specific information that would be indicated on a certified copy of the undertaking of bail. b) May make a reasonable effort to give notice to the defendant's last attorney on record. c) May be ordered to return the premium paid by the defendant or Indemnitor. d) All of the above are true. D 102. An undertaking of bail shall contain the following information: (select the incorrect answer) a) Name of the Surety insurer. 112. License applicants who willfully cheat or subvert a license examination will be in violation of the law as per section 1681.5 of the California Insurance Code and are punishable by a fine not to exceed: (select the correct answer) a) $10,000.00 or imprisonment not to exceed one year b) $ 1,000.00 or imprisonment not to exceed sixmonths c) $ 5,000.00 or imprisonment not to exceed one year d) $10,000.00 or imprisonment not to exceed sixmonths A 113. The Insurance Commission is authorized under section 1736.5 of the California Insurance Code to impose discipline against a Bail Agent who fails to promptly reply to inquiries from the Commission relating to any of the following matters: (select the incorrect answer) a) An application for, or the retention or renewal of a license, b) Bail Agent changing appointed Surety company, c) Investigation relating to a consumer complaint, d) Bail Agent not reporting a background change B 114. The Insurance Commissioner can bar a bail applicant caught willfully cheating on the bail examination from taking any license examination and from holding an active license under any provision of California Insurance Code section 1681.5 for a period of: (select the correct answer) a) One year b) Forever c) Three years d) Five years D 115. Some offenses that constitute cheating on the license examination which are punishable by a fine or imprisonment are: (select the correct answer) a) Using false identification for admittance to examination b) Reviewing study material in the restroom during the course of the examination c) Any contact with another individual during a restroom or drink break d) All of the above D 116. The Commissioner may deny an application for any license if: (select the correct answer) a) The granting of the license will be against public interest. b) The applicant has knowingly or willfully made a misstatement in an application to the commissioner for a license. c) The applicant has previously engaged in a fraudulent practice or act or has conducted any business in a dishonest manner. d) All of the above D 117. The violation of any rule of the commissioner is a public offense punishable by: (select the correct answer) a) A fine not exceeding $10,000, or by imprisonment in the state prison, or in the county jail not exceeding one year, or by both such fine and imprisonment. b) A fine of five thousand dollars or by imprisonment in the county jail not to exceed one year, or both that of imprisonment and fine. c) A fine of $1,000 and given acitation d) A fine not exceeding $5,000, or by imprisonment in the state prison, or by both such fine and imprisonment. A 118. If a general or special verdict is rendered against a defendant, he or she may be committed to the proper officer of the county to await the judgment of the court upon the verdict. When the defendant is committed, bail is; (select the correct answer) a) Discharged. b) Exonerated. c) Continued. d) Forfeited. B 119. A uniform countywide schedule of bail for all bailable felony offenses is prepared, adopted, and annually revised by: (select the correct answer) a) County superior and municipal court judges, by majority vote. b) County supervisors, by majority vote. c) County municipal court judges, by majority vote. d) Clerk of the County A 120. If collateral was deposited to secure the obligation of a bond, it shall be returned to the person who deposited it: (select the correct answer) a) Within thirty days of entry of any order by an authorized official by virtue of which liability under the bond is terminated (exonerated). b) Immediately upon the entry of any order by an authorized official by virtue of which liability under the bond is terminated (exonerated). c) Whenever the person who made the deposit of collateral requests the return of collateral in writing. d) Within sixty days of entry of any order by an authorized official by virtue of which liability under the bond is terminated (exonerated). B 121. No person who is arrested for a new offense may be released on his or her own recognizance until a hearing is held in open court before the magistrate or judge if: (select the correct answer) a) The person is currently on felony probation or felony parole. b) The person has failed to appear in court as ordered, resulting in a warrant being issued, three or more times over the three years preceding the current arrest and who is arrested for any offense in which the person is alleged to have been armed. c) The person has failed to appear in court as ordered, resulting in a warrant being issued, three or more times over the three years preceding the current arrest and who is arrest for any violation of the California Street Terrorism Enforcement and Prevention Act. d) All of the above D 122. Admission to bail is the (finish the sentence) a) ...act of posting the power of attorney with the booking officer. b) ...order of a law enforcement officer that the defendant be discharged. c) ...order of a competent court or magistrate that the defendant be discharged from actual custody upon bail. d) ...responsibility of a reliable, licensed bail agent. C 123. The commissioner shall certify the names of holders of bail agents' and bail permittees' licenses and their solicitors to every county clerk of the state, together with their license numbers and any other information in respect to the persons as he or she considers advisable. The county clerk shall retain these records for a period of: (select the correct answer) a) 2 years b) 5 years c) 7 years d) 10 years A 124. Every licensee and applicant shall promptly reply in writing to an inquiry from the commissioner relative to an application for, or the retention or renewal of, a license, or an investigation relating to a consumer complaint or a matter relating to a producer licensing background change reporting requirement. Promptly reply means to provide a written response to the inquiry that is received by the commissioner no later than after the date in inquiry was mailed or otherwise communicated to the applicant or licensee. (fill in the blank) a) 30 days b) 21 days c) 60 days d) 180 days D 133. Failure to report background changes as required under Section 1729.2 of the California Insurance Code could subject a licensee or applicant to formal disciplinary action, including a fine, suspension, denial, restriction, or revocation of the license. Background information is defined as: a) A misdemeanor or felony conviction, and/or filing of felony criminal charges in state or federal court b) An administrative action regarding a professional or occupational license c) Discharge or attempt to discharge, in a personal or organizational bankruptcy proceeding, an obligation regarding any insurance premiums or fiduciary funds owed to any company, including a premium finance company, or managing general agent, and/or any admission, or judicial finding or determination, of fraud, misappropriation or conversion of funds, misrepresentation, or breach of fiduciary duty. d) All of the above D 134. Every person who is charged with or convicted of a felony, who is released on his or her own recognizance and willfully fails to appear is guilty of a: (select the correct answer) a) Misdemeanor b) Felony c) Infraction d) Poor judgment B 135. Every person who is charged with or convicted of a felony, who is released from custody on bail, and who in order to evade the process of court willfully fails to appear as required, is guilty of a felony. Upon a conviction, the person shall be punished bya fine not exceeding $ ? What is the maximum dollar amount of the fine for skipping bail? a) $1,000.00 b) $5,000.00 c) $10,000.00 d) $20,000.00 C 136. The commissioner may deny an application for any license or may suspend or revoke a permanent license of any organization, if the applicant or holder of the permanent license is an organization an a controlling person of the organization is any of the following; a) The controlling person has previously engaged in a fraudulent practice or act or has conducted any business in a dishonest manner. b) The controlling person has been convicted of a misdemeanor denounced by laws regulating insurance. c) The controlling person has permitted any person in his or her employ to violate any provision of the insurance code. d) All of the above. D 137. If the judge or magistrate sets a bail amount that is either more or less than the amount contained in the schedule of bail for the offense: a) The judge or magistrate shall state the reasons for the decision and shall address the issue of threats made against the victim or witness, if they were made, in the record. b) The judge or magistrate is not required to state the reason for the decision to set bail in an amount that either more or less than the amount contained in the schedule of bail for the offense. c) The judge or magistrate shall state the reasons for the decision off the record. d) The judge or magistrate shall state the reasons for the decision to the defense attorney and prosecuting attorney. A 138. A managing General Agent has the power to: a) Appoint, supervise, and terminate the appointment of local agents in that territory. b) Maintain fiduciary funds in a personal account. c) Keep premium moneys collected from agents. d) Authorize an Indemnitor premium payment plan. A 139. The Commissioner may deny an application for any license if: a) The granting of the license will be against public interest. b) The applicant has knowingly or willfully made a misstatement in an application to the commissioner for a license. c) The applicant has been convicted of a public offense having as one of its necessary elements a fraudulent act or an act of dishonesty in acceptance, custody or payment of money or property. d) All of the above. D 140. The Commissioner may, without hearing, deny any application if the applicant has had a previously issued professional, occupational, or vocational license suspended or revoked for cause by any licensing authority within: a) 12 months of the date of filing the application to be acted upon. b) 2 years of the date of filing the application to be acted upon. c) 5 years of the date of filing the application to be acted upon. d) 10 years of the date of filing the application to be acted upon. C 141. The Commissioner may in writing disapprove the use of any true or fictitious name (other than the bona fide natural name of an individual) by any licensee or on any of the following grounds: a) The licensee has already filed and not discontinued the use of more than two names including the true name. b) The use of the name may mislead the public in any respect. c) The name is an interference with or is too similar to a name already filed in use by another licensee. d) All of the above. D 142. All funds received by a bail agent, permittee, or solicitor, as premium or return premium on or under any policy of insurance or undertaking of bail, are received and held by such person in his/her; a) Right by law. b) Fiduciary capacity. c) Personal savings account. d) Agency checking account. B 143. Every licensee and applicant shall promptly reply in writing to inquiry from the Commissioner relative to an application for, or retention or renewal of, a license, or an investigation relating to a consumer complaint or a matter relating to a producer licensing background change reporting requirement under Insurance Section "Promptly Reply" is defined as: a) Received by the Commissioner not later than 21 days after the date the inquiry was mailed or otherwise communicated to the applicant or licensee. b) Received by the Commissioner not later than 30 days after the date the inquiry was mailed or otherwise communicated to the applicant or licensee. c) Received by the Commissioner not later than 180 days after the date the inquiry was mailed or otherwise communicated to the applicant or licensee. d) Received by the Commissioner not later than 10 days after the date the inquiry was mailed or otherwise communicated A 144. If a licensee is found in violation of not immediately notifying the Commissioner in writing of any change in his/her address, as required under Insurance Section 1729, and the licensee has not provided evidence to the Commissioner showing the offense was corrected within 45 days, the Commissioner shall levy a penalty of: a) $200.00 b) $300.00 c) $500.00 d) $1,000.00 A A 155. A corporation may not employ: a) A Bail Agent b) A Bail Permittee c) A Bail Solicitor d) B and C D 156. Every applicant for a license to act as a bail agent shall file with the commissioner a notice of appointment by: (select the incorrect answer) a) A Surety Insurer b) An authorized representative of a surety insurer c) Another bail agent d) A general agent C 157. A person who is licensed in California as an insurance agent advertising on the internet, shall identify the following information on the internet: a) His or her name as it appears on his or her insurance license, and any fictitious name approved by the commissioner. b) The state of his or her domicile and principle place of business. c) His or her license number. d) All of the above. D 158. Upon failure to file an application for license renewal, the license shall expire on the first day of the next month. Within twelve months of initial expiration, to reactive the expired license, the holder may: a) File a new application and remit twice the application fee until that same month and day of the next succeeding year. b) Remit twice the application fee until the same month and day of the next succeeding year. c) File a new application and remit renewal fee until the same month and day of the next year. d) Remit twice the renewal fee until the same month and day of the next succeeding year. A 159. Any person found guilty of cheating on the bail license examination is: a) Guilty of a misdemeanor punishable by a fine not exceeding ten thousand dollars ($10,000) or by imprisonment in a county jail not exceeding one year. b) Barred from taking any license examination for a period of five years. c) Guilty of a misdemeanor punishable by a fine not exceeding five thousand dollars ($5,000) or by imprisonment in a county jail not exceeding six months. d) A and B D 160. Every licensee and every applicant for a license shall notify the commissioner using an electronic service approved by the commissioner of any change in his or her e-mail, residence, principal business, or mailing address within what amount of time? a) Within ten days of change in e-mail, residence, principal business, or mailing address. b) Immediately c) Within thirty days of change in e-mail, residence, principal business, or mailing address. d) Within 90 days of change in e-mail, residence, principal business, or mailing address. B 161. Any person who transacts insurance without a valid license is guilty of: a) A misdemeanor punishable by a fine not exceeding fifty thousand dollars ($50,000) or by imprisonment in a county jail for a period not exceeding one year, or by both that fine and imprisonment. b) A felony punishable by a fine not exceeding fifty thousand dollars ($50,000) or by imprisonment in a county jail for a period not exceeding one year, or by both that fine and imprisonment. c) A misdemeanor punishable by a fine not exceeding ten thousand dollars ($10,000) or by imprisonment in a county jail for a period not exceeding one year, or by both that fine and imprisonment. d) A felony punishable by a fine not exceeding ten thousand dollars ($10,000) or by imprisonment in a county jail for a period not exceeding six months, or by both that fine and imprisonment. A 162. Any bail agent, bail solicitor, or bail permittee who diverts or appropriates fiduciary funds for his or her own use is: a) Guilty of robbery and punished for robbery as provided by law. b) Guilty of burglary and punished for burglary as provided by law. c) Guilty of theft and punished for theft as provided by law. d) Guilty of a breach of fiduciary duty and punished by being placed on a restricted license. C 163. An Action Notice Statement of Employing Bail Agent or Permittee form (LIC 438) must contain all of the following except: a) Rate of Commission b) Date of Birth c) Date of Employment d) Business Address B 164. Where can a Bail Solicitor solicit bail clients: a) A lobby of a Court b) Inside the jail c) In front of the jail d) In an office near the Court D 165. What is cash bail? a) A deposit of actual money to the court b) Cash paid to the bail bond agent. c) Cash paid to the judge d) None of the above A 166. What is a Surety? a) A person or institution that guarantees the bail bond / underwriting of bail. b) A person or institution that guarantees the defendant's appearance in court. c) A document that guarantees the bail agent will bring the defendant to court. d) A and B D 167. To be eligible to take the bail license examination, the applicant shall have completed a minimum of 20- hours classroom education in subjects pertinent to: a) The duties and responsibilities of a bail licensee b) All related laws and regulations c) Apprehension of bail fugitives d) all of the above D 168. A licensee shall not be required to comply with the continuing education requirement if the licensee submits proof satisfactory to the Commissioner that he or she has been a licensee in good standing for: a) 30 continuous years in California or is 70 years of age or older. b) 25 continuous years in California and is 70 years of age or older. c) 30 continuous years in California and is 70 years of age or older. d) 30 continuous years in any state and is 70 years of age or older. C 169. If an action or proceeding against a defendant who has been admitted to bail is dismissed, the bail shall not be exonerated until a period of days has elapsed since the entry of the order of dismissal. (fill-in blank) a) 10 days b) 15 days 179. No bail licensee shall directly or indirectly permit any person on his/her behalf to solicit, negotiate, or effect undertakings of bail unless: a) The person is properly licensed by the commissioner to perform such acts. b) The person is acting in a purely mechanical or ministerial manner. c) The person renders his/her services gratuitously. d) The person is acting as an apprentice. A 180. No bail licensee shall disclose or reveal any information coming into his/her possession concerning an impending arrest or detention of a person by a law enforcing agency, except: a) In accordance with the lawful inquiry of a law enforcement or judicial officer. b) Such information is a matter of public record or knowledge. c) In accordance with an inquiry of the Insurance Commissioner d) A and B D 181. Every person guilty of preparing any false or ante-dated book, paper, record, instrument in writing, or other matter or thing, with intent to produce it, or allow it to be produced for any fraudulent or deceitful purpose, as genuine or true, upon any trial, proceeding, or inquiry whatever, authorized by law, is guilty of: a) A misdemeanor b) An infraction c) A felony d) None of the above C 182. No insurance institution, agent or insurance-support organization shall use or authorize the use of pretext interviews to obtain information in connection with an insurance transaction; provided, however, that a pretext interview may be undertaken to obtain information: a) From a person or institution that does not have a generally or statutorily recognized privileged relationship with the person to who the information relates for the purpose of investigating a claim where there is a reasonable basis for suspecting criminal activity, fraud, material misrepresentation or material nondisclosure in connection with a claim. b) From a person that does not have a generally recognized privileged relationship with the person to who the information relates for the purpose of investigating a claim where there is a reasonable basis for suspecting criminal activity, fraud, material misrepresentation or material nondisclosur A 183. If the warrant on which the defendant is arrested in another county does not have bail set thereon, or if the defendant arrested in another county does not require the arresting officer to take him before a magistrate in that county for the purpose of being admitted to bail, or if such defendant, after being admitted to bail, does not forthwith give bail, the arresting officer shall immediately notify the law enforcement agency requesting the arrest in the county in which the warrant was issued that such defendant is in custody, and thereafter such law enforcement agency shall take custody or the defendant within: a) Ten days, or ten court days if the law enforcement agency requesting the arrest is more than 400 miles from the county in which the defendant is held in custody, in the county in which he was arrested and shall take such defendant before the magistrate who issued the warrant, or before some other ma B 184. All surety companies which execute undertakings of bail shall keep any moneys collected from agents licensed pursuant to this code as buildup or reserve funds in segregated trust accounts within the state. These accounts shall be maintained as any of the following: a) A Federal Deposit Insurance Corporation (FDIC) insured account. b) United States government bonds and treasury certificates or other obligations for which the faith of the United States is pledged for the payment of principal and interest. c) Repurchase agreements collateralized by securities issued by the United States government. d) All of the above D 185. Single cash transactions or a series of cash transaction equaling or exceeding $ must be reported to the IRS using form 8300. (fill in the blank) a) $15,000. b) $10,000. c) $20,000. d) $50,000. B 186. What type of attire is acceptable for a Fugitive Recovery Agent to wear when performing their job duties? a) Law Enforcement Badge b) Sheriff's Hat c) FBI Uniform (trick question....FBI doesn't have a uniform) PC 1299.07 d) CIA Jacket C 187. Any person who hires an individual to apprehend a bail fugitive, knowing that the individual is not authorized by the Fugitive Recovery Persons act PC-1299.02 to apprehend a bail fugitive, is guilty of a misdemeanor punishable by: a) A fine of five thousand dollars ($5,000) b) Imprisonment in a county jail not to exceed one year c) Both imprisonment in a county jail not to exceed one year and a five thousand dollar fine. d) All of the above D 188. CDI established standards for the collection, use and disclosure of information gathered in connection with insurance transactions by agents; a) To maintain a balance between the need for information by those conducting the business of insurance and the public's need for fairness in insurance information practices; b) To establish a regulatory mechanism to enable natural persons to ascertain what information is being or has been collected about them in connection with insurance transactions and to have access to such information for the purpose of verifying or disputing its accuracy; c) To limit the disclosure of information collected in connection with insurance transactions; and to enable insurance applicants and policyholders to obtain the reasons for any adverse underwriting decision. d) All of the above D 189. An insurance agent shall provide a notice of information practices to all applicants in connection with insurance transactions as provided below: a) At the time of delivery of insurance when personal information is collected only from the applicant, or from public records; b) Within 30 days of collection of personal information from the applicant, or public records; c) At the time the collection of personal information is initiated when personal information is collected from a source other than the applicant, or from public records; d) A and C D 190. An insurance disclosure authorization form or statement must include; (mark incorrect answer) a) Purpose for which the information is collected. b) Date information is collected. c) Birthdate of person completing application. d) Nature of the information authorized to be disclosed. C 191. Any person who knowingly and willfully obtains information about an individual from an insurance institution, agent or insurance-support organization under false pretenses shall be fined: a) Not more than ten thousand dollars ($10,000) or imprisoned for not more than one year, or both. b) Not more than five thousand dollars ($5,000) and imprisoned for more than one year, or both. c) Not more than five thousand dollars ($5,000) or imprisoned for not more than one year, or both. d) Not more than ten thousand dollars ($10,000) and imprisoned for more than one year, or both. A D 200. Any person who violates a cease and desist order of the commissioner may, after notice and hearing and upon order of the commissioner, be subject to one or more of the following penalties, at the discretion of the commissioner: (select incorrect answer) a) Suspension or revocation of an agent's license if the agent knew or reasonably should have known they are in violation of the insurance privacy codes. b) A monetary fine of not more than ten thousand dollars ($10,000) for each violation. c) A monetary fine of not more than twenty thousand dollars ($20,000) for each violation. d) A monetary fine of not more than fifty thousand dollars ($50,000) if the commissioner finds that violations have occurred with such frequency as to constitute a general business practice. C 1. City and county can imply regulations to the bail industry? a) True b) False A 2. Any bail agent who willfully fails to deliver a defendant to custody within 48 hours is guilty of: a) A Felony b) A Misdemeanor c) Failure To Appear d) None of the above B 3. After conviction of an offense not punishable with death, an application for probation or an appeal a defendant may be admitted to bail: a) As a matter of right before judgment is announced b) As a matter of right when appeal from judgment imposing imprisonment in cases of misdemeanors. c) As a matter of discretion in all other cases. d) All of the above. D 4. What may a bail agent charge for in the transaction of bail in addition to the premium rate? a) Recording Fees b) Travel Expenses c) Any Charges Incurred Backed By Receipts d) None of the above C 5. What is the definition of fiduciary? a) Trust b) Faithful c) As an operating expense d) All of the above A 6. What may a bail agent do? a) Solicit an arrestee's attorney b) Charge an arrestee for attorney fees c) Refer an arrestee to an attorney d) Have an attorneyput an assignment on collateral D 7. A bail solicitor may transact under more than one employer when: a) The business is a partnership. b) Individual licensees with a registered appointment with the department of insurance for each c) When the solicitor is a member of the partnership d) All of the above A 8. When an arrestee is requesting bail to be reduced, who will handle the request? a) Court Clerk b) Appeals Court c) Local Magistrate d) All of the above C 9. The reason for the bail system is: a) To insure the appearance of the arrestee to appear on the court appointed date. b) To insure the arrestee accepts the judgments of the court. c) To insure the arrestee takes responsibility for the dates and judgments of the court. d) None of the above. C 10. An arrestee charged with a felony can be released on: a) Before held to answer. b) After seeing a Magistrate, before conviction on held to answer. c) Before a bench warrant but after arrest. d) All of the above. D 11. Definition of a bond is: a) Any form used by a surety. b) Any form used by a bondsman. c) Any form used by an attorney. d) None of the above. A 12. Who is notified by mail in the case of a forfeiture? a) The Surety Company. b) The Surety Company and the bonding company. c) The arrestee. d) None of the above. B 13. If three people are conducting a partnership and one dies, what must the remaining partners do? a) They can continue if their partnership agreement allows for a continuation b) Must notify the Insurance Commissioner. c) Must be relicensed. d) All of the above. B 14. An officer in the jail may accept one of the following to release a person charged with a felony: a) Cash bail. b) Surety bond. c) An authorization from the presiding judge that the arrestee is bailable. d) A and B D 15. Who decides on the OR release? a) Courts. b) Sheriff's Department. c) Court Clerk. d) All of the above. A