Bail Enforcement Agents (Insurance Department)
| Submitted | April 25, 2017 |
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Communications
From: Curtis Waltman
To Whom It May Concern:
Pursuant to North Dakota Constitution, Article XI, Section 6, and the North Dakota Open Records Statute, N.D.C.C. § 44-04-18(1), I hereby request the following records:
Records relating to bail enforcement Agents also known as BEA's, Bounty Hunters, bail agents, bail recovery agents, bail recovery agents, skip tracers, or fugitive recovery agents. An itemized list of the records I am requesting about BEA's follows:
-Any training material including syllabi, power point presentations, or any distributed reading material. Please conduct this portion of the search from 1/1/05 to the date this request was processed on.
-Any regulations, policies, guidelines, or any other rules made to limit or manage what a BEA can and cannot do.
-Use of force policies for BEA's.
-All complaints against any BEA licensed or permitted by this agency with the following date range: 1/1/05 to the date this request is processed on.
-Financial documentation concerning the gross income of the Bail Enforcement industry in the state. In addition or in the event the agency does not keep documentation about the overall finances going to Bail Enforcement, any documentation about billing, salary/payment range, or potential benefits are also requested.
-Number of injuries and fatalities reported per year from the Bail Enforcement industry from 1/1/05 to the date this request was processed.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I would request your response within ten (10) business days.
Sincerely,
Curtis Waltman
From: Ubben, Jeff R.
Hello Mr. Waltman:
The terminology used in your request below is not recognized under North Dakota law. As a result, I am unable to understand what exactly it is you are requesting.
Do you have a phone number I could call so we can discuss what exactly it is you are requesting?
Thanks
Jeff Ubben
Deputy Insurance Commissioner/General Counsel
North Dakota Insurance Department
From: Curtis Waltman
Hi Mr. Ubben,
Absolutely, because I live in Boston I am just leaving work but any time tomorrow afternoon I should be free. Just call me at 617-307-6359. Thank you!
Best,
Curtis Waltman
From: Ubben, Jeff R.
Thanks.
I thought about this a little more last night, and perhaps I can sufficiently clarify by asking if your request below is for materials related to the so-called “bounty hunters” or individuals that engage in fugitive retrieval as opposed to materials related to the insurance agents that write the bail bonds?
Thanks – Jeff Ubben
From: Curtis Waltman
Hi Mr. Ubben,
My request relates to the bounty hunters that engage in fugitive retrieval, it doesn't pertain to the insurance agents. Thank you for your work on my request, I really appreciate and I hope this helps to clarify my request.
Sincerely,
Curtis Waltman
From: Ubben, Jeff R.
Thank you Mr. Waltman that is helpful.
I instructed my staff to search for records that would be responsive to your request. State law allows a public entity to impose a fee for copying, postage fees, and $25 per hour per request, excluding the initial hour, for locating records and for redacting records. N.D.C.C. § 44-04-18(2). A public entity may also require payment before locating, redacting, making, or mailing a copy of a public record. Id.
The retrieval of the records took 2 hours and redacting of the records took less than 1 hour. Excluding the first hour of each, the cost of retrieval and redacting of the records is $25. Since you requested the records be sent electronically, we will not charge for copying or postage fees. Therefore, the total cost of providing the records is $25.
Please remit the amount of $25 to the Insurance Department and the records will be sent to you. You can remit payment by calling our main line at 701.328.2440 and asking for either Shelly or Nancy.
Thanks
Jeff Ubben
Deputy Insurance Commissioner/General Counsel
North Dakota Insurance Department
From: MuckRock
To Whom It May Concern:
Please find enclosed a check for $25.00 to fulfill my open records request. Thank you!
Sincerely,
Curtis Waltman
From: Ubben, Jeff R.
Hello Mr. Waltman:
Attached please find the records in our possession that are responsive to your request below. The first attachment contains certain personal information (namely a home address, a home or personal cell phone number, and an email address that was used to communicate with a state agency) that was redacted pursuant to N.D.C.C. §§ 44-04-18.7 and 44-04-18.21
The second attachment is an audio recording of a phone call. The phone call had dates of birth and home addresses that were muted or redacted pursuant to N.D.C.C. § 44-04-18.7.
If for some reason you do not receive both attachments, please let me know and I can re-send.
Thanks
Jeff Ubben
Deputy Insurance Commissioner/General Counsel
North Dakota Insurance Department
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EDITED 13101004 - Capt Nathan, Ward Co SO
From: Curtis Waltman
Hi John,
I am fascinated by that phone call, do you have any other background on that like the date it was recorded? It also mentioned a video. Just wondering! Let me know if you can help point me in the direction of learning more. Thank you so much for your work on this request, have a great day.
Sincerely,
Curtis Waltman
From: Ubben, Jeff R.
Hello Curtis:
The video referenced was a video that was posted on Facebook. One of our investigators viewed this video on Facebook. We were not able to capture that video before it was deleted from Facebook. So we do not have any record or recordings of that video.
In regard to your question about the date of the recorded phone call that was provided to you, that phone call took place on October 10, 2013.
Thanks – Jeff Ubben
From: Curtis Waltman
Hi John,
Thanks so much for your help with this request, I really appreciate it. Take care!
Sincerely,
Curtis Waltman
From: Curtis Waltman
Apologies for the double send, and also apologies for calling you John, it has been a long day. Have a great night, Jeff.
Best,
Curtis
From: Ubben, Jeff R.
No problem. Have a good evening.
Jeff
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