25.  If a judicial determination is made that a bondsman licensed by the Board has surrendered a principal without reasonable cause, the Board, upon receiving information that such determination was made, shall then take whatever action it deems appropriate, including revocation or suspension of the license of the bondsman.

 

26.  If a complaint against a bondsman is submitted to the Board, it will first be screened to determine if it provides reasonable cause to believe that a violation of Chapter 1704 of the Texas Occupations Code or these local rules has occurred.  All complaints received at least seven days before a regularly scheduled Board meeting shall be placed on the agenda for that meeting so that the Board can make this determination.  A representative of the District Attorney’s Office shall receive the complaint and make a recommendation to the Board on the issue of whether reasonable cause has been stated.  If the Board decides that a complaint does not provide reasonable cause as described above, the complainant and the bondsman made the subject of the complaint shall be so notified in writing by the Secretary of the Board.
 
 If the Board determines that a complaint does state reasonable cause as described above, it shall direct such investigation into the complaint as it deems necessary.  This may include a testimonial hearing before the Board, but such a hearing shall not be required in every case.  The complainant and the bondsman named in the complaint shall be entitled to at least ten (10) calendar days written notice of a decision to hold a testimonial hearing before the Board convenes the hearing.  This notice period shall commence on the date when the Board or its representative deposits written notice in the United States Mail by Certified Mail, Return Receipt Requested, addressed to the last business address provided to the Board by the bondsman.  The hearing may be held no earlier that the eleventh day, counting the notice’s mailing day as day one.  A bondsman shall also be entitled to the same notice and time to answer if the Board chooses to investigate a complaint through other means, such as a request for affidavits, a request to produce evidence, or a request that an agent of the Board interview the bondsman or his agents.  Provided, however, that nothing in this Rule shall operate to abrogate or diminish the Board’s statutory right to inspect on demand, whether in person or via a representative, the records a bondsman must keep pursuant to the Texas Occupations Code § 1704.202
 
 Failure on the part of a bondsman to testify at such a hearing, to answer any questions at the hearing, or to timely provide any other response or evidence requested by the Board pursuant to this Rule shall be considered in itself to be a violation of these Rules.

 

 Once the Board completes its investigation, it shall take such action as it deems appropriate.  Both the complainant and the bondsman who was the subject of the complaint shall be sent written notice of the Board’s decision.

 

27.  a.  The Board may, on its own motion, or upon a showing of good cause supported by an affidavit, grant a continuance to a bondsman and/or agent when a hearing is set to investigate the actions and records relating to any complaint filed against any bondsman and/or agent.  A continuance can be given on a month to month basis but it shall not exceed more that three (3) months.

 

 b.  If a motion for continuance is granted, and if the continued hearing is set beyond the expiration date of a bondsman’s and/or agent’s license, the license may be temporarily extended beyond the expiration date of the license, thereby allowing the bondsman and/or agent to sell bail bonds until the final disposition of the continued hearing.  Whenever a continuance is granted, the bondsman will remain liable for any and all obligations incurred on any bonds made during the original license or any extension thereof.

 

28.  The Chairman or Vice-Chairman is authorized to act on behalf of the Board to conduct inspection of bail bond records pursuant to the Texas Occupations Code § Chapter 1704.202(d).  Either the Chairman or the Vice-Chairman may appoint agents to conduct actual inspection of records.

 

29.  A license may be suspended after a hearing before the Board if real property pledged as collateral to the Board is subsequently encumbered.

 

30.  When weed liens encumber real estate conveyed in trust to the Board to secure bonding business obligations, the Board may grant a month to month continuance of the bondsman’s license.  The Board may require as escrow a cash deposit in an amount sufficient to pay all or a portion of the weed liens.  If, during such continuance, the license of the bondsman expires, the Board may temporarily extend the license and the bondsman may continue as stated in Rule 27.b

 

 The bondsman or his attorney must appear before the Board each month during such continuance and state the following:
 Whether the weed liens will be paid and give an approximate date.
 Whether a settlement or law suit is expected on the weed liens.
 The status of payment, settlement, or lawsuit, and anything else requested by the Board.