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Question 1Arkansas bail bond statutes, rules, and regulatory framework
In Arkansas, which state agency is primarily responsible for licensing and regulating bail bond companies and agents?
- The Arkansas Secretary of State
- The Arkansas Insurance Department Correct answer.
- The Arkansas State Police
- The Arkansas Department of Corrections
Explanation
Arkansas places professional bail bond licensing and oversight with the Arkansas Insurance Department, which administers the bail bond licensing framework and enforces agent conduct rules. Other agencies play supporting roles in the criminal justice process but do not license bondsmen.
Question 2Arkansas bail bond statutes, rules, and regulatory framework
What must a person generally obtain before lawfully acting as a bail bond agent in Arkansas?
- A notary commission
- A license issued under the state bail bond licensing framework Correct answer.
- A court appointment from a circuit judge
- A surety company franchise certificate
Explanation
Acting as a bail bond agent requires a license issued under Arkansas's bail bond licensing framework, typically obtained by meeting prelicensing, examination, and appointment requirements. Judicial appointment, franchise certificates, and notary commissions do not authorize bail bond activity.
Question 3Arkansas bail bond statutes, rules, and regulatory framework
A bail bond agent is licensed in Arkansas but wishes to write bonds in a different county. What does state law generally allow?
- The agent may only write bonds in the county of residence
- The agent must petition the local sheriff for permission
- The agent must obtain a separate license from each county
- The agent may write bonds statewide under the state license, subject to appointment Correct answer.
Explanation
Arkansas bail bond licensure is state-issued and generally authorizes an agent to act throughout the state, provided the agent is properly appointed by an authorized surety. County-by-county licensing and sheriff permission are not part of the framework.
Question 4Arkansas bail bond statutes, rules, and regulatory framework
Which document typically establishes an agent's authority to act on behalf of a surety insurer in Arkansas?
- A release order
- A power of attorney from the surety Correct answer.
- A writ of habeas corpus
- A bond forfeiture judgment
Explanation
A bail bond agent's authority to bind a surety is established through a power of attorney issued by the insurer, often filed with the state. Court documents like writs, forfeitures, and releases concern the defendant's case, not the agent's authority.
Question 5Arkansas bail bond statutes, rules, and regulatory framework
Arkansas law requires bail bond agents to complete continuing education as a condition of license renewal. What is the primary purpose of this requirement?
- To ensure agents stay current on laws and professional standards Correct answer.
- To qualify agents for judicial appointments
- To reduce the number of licensed agents
- To generate revenue for the state
Explanation
Continuing education requirements are designed to keep licensees informed about changes in law and to maintain professional competency and ethical standards. Revenue generation, judicial qualification, and limiting the number of licensees are not the stated purposes.
Question 6Arkansas bail bond statutes, rules, and regulatory framework
A bail bond agent accepts a premium from a defendant but fails to remit the required amounts to the surety. Under Arkansas regulatory standards, this conduct is best characterized as:
- An issue outside the regulator's authority
- A permissible business practice
- A violation subject to disciplinary action Correct answer.
- A matter solely for civil litigation
Explanation
Failing to remit premiums or otherwise mishandling funds owed to the surety is a violation of bail bond regulations and exposes the agent to disciplinary action, including license suspension or revocation. Such conduct is not a permissible practice and falls squarely within regulatory oversight.
Question 7Arkansas bail bond statutes, rules, and regulatory framework
What is the role of a bail bond agent when a defendant fails to appear in court?
- The agent automatically receives a refund of the premium
- The agent may be responsible for locating the defendant and addressing forfeiture Correct answer.
- The agent is excused from any further obligation
- The agent immediately becomes the defendant's legal counsel
Explanation
When a defendant fails to appear, the bond may be forfeited, and the agent and surety may be liable. The agent typically has an interest in locating the defendant and may seek relief from forfeiture under the applicable rules. The agent does not become counsel, does not get a premium refund, and is not automatically excused.
Question 8Arkansas bail bond statutes, rules, and regulatory framework
Which of the following best describes the fiduciary duty of a bail bond agent under Arkansas regulation?
- The agent may retain premiums without remitting to the surety
- The agent may commingle premium funds with personal funds
- The agent may lend premium funds to defendants
- The agent must handle funds entrusted to the agent responsibly and account for them Correct answer.
Explanation
Bail bond agents hold funds that belong in part to the surety and must handle and account for them responsibly. Commingling, retaining unremitted premiums, and lending entrusted funds are prohibited practices.
Question 9Arkansas bail bond statutes, rules, and regulatory framework
An applicant for a bail bond agent license in Arkansas must generally meet which requirement?
- Be at least twenty-one years of age Correct answer.
- Own real property in the state
- Hold a law degree
- Have prior law enforcement experience
Explanation
Arkansas bail bond licensing standards include a minimum age requirement, typically twenty-one, along with other qualifications such as good moral character and examination. A law degree, law enforcement background, and real property ownership are not general prerequisites.
Question 10Arkansas bail bond statutes, rules, and regulatory framework
Which of the following is a prohibited practice for a bail bond agent in Arkansas?
- Recommending an attorney to a defendant in exchange for a fee Correct answer.
- Providing a receipt for premium paid
- Explaining bond terms to a defendant
- Advising a defendant of court dates
Explanation
Bail bond agents may not share fees with attorneys or use their position to steer defendants to particular counsel for compensation. Explaining terms, issuing receipts, and advising of court dates are legitimate service activities.
Question 11Arkansas bail bond statutes, rules, and regulatory framework
What is the primary function of a bail bond in the Arkansas criminal justice system?
- To replace the need for a trial
- To transfer the defendant's criminal liability to the surety
- To secure the defendant's release while ensuring appearance in court Correct answer.
- To punish the defendant before trial
Explanation
A bail bond allows a defendant to be released from custody before trial while providing a financial incentive and guarantee of court appearance. It is not punishment, does not eliminate trial, and does not transfer criminal liability.
Question 12Arkansas bail bond statutes, rules, and regulatory framework
If a surety's authority to an agent is terminated, what should the agent do regarding future bond writing?
- Transfer existing bonds to a different agent without notice
- Continue writing bonds but remit premiums personally
- Continue writing bonds until the license expires
- Stop writing bonds for that surety and follow notice requirements Correct answer.
Explanation
When an appointment or power of attorney is terminated, the agent's authority to bind that surety ends, and applicable notice requirements must be followed. Continuing to write bonds without authority is unlawful, and existing bonds cannot be unilaterally reassigned.
Question 13Arkansas bail bond statutes, rules, and regulatory framework
Which of the following best describes the regulator's authority over a bail bond agent who engages in fraudulent conduct?
- The regulator may only issue a warning letter
- The regulator may suspend or revoke the license and impose other discipline Correct answer.
- The regulator has no authority over fraud by licensees
- The regulator must defer entirely to criminal prosecution
Explanation
The Arkansas Insurance Department has authority to discipline licensees for fraudulent or dishonest conduct, including suspension, revocation, and other sanctions. Regulatory action can proceed alongside criminal prosecution and is not limited to warnings.
Question 14Arkansas bail bond statutes, rules, and regulatory framework
A bail bond agent is asked to post a bond for a family member. Under Arkansas standards, what is the most appropriate course of action?
- Require the family member to sign a release of liability
- Avoid conflicts and follow rules on self-dealing and disclosure Correct answer.
- Post the bond without restriction because family bonds are common
- Post the bond and waive all fees
Explanation
Agents should avoid conflicts of interest and self-dealing and must follow disclosure and ethical rules when a personal relationship is involved. Family bonds are not unrestricted, fee waivers are not a regulatory solution, and liability releases cannot override regulatory duties.
Question 15Arkansas bail bond statutes, rules, and regulatory framework
Which recordkeeping obligation is most consistent with Arkansas bail bond regulations?
- Destroying records after thirty days
- Maintaining records of bonds written and premiums collected Correct answer.
- Recording only the defendant's name
- Keeping records only when a forfeiture occurs
Explanation
Agents are expected to maintain accurate records of bonds written, premiums collected, and related transactions for regulatory review. Destroying records quickly, keeping them only on forfeiture, or recording minimal information does not meet recordkeeping standards.
Question 16Arkansas bail bond statutes, rules, and regulatory framework
A defendant who was released on bond misses a court date, and the court later enters judgment on the bond. What is this outcome called?
- Forfeiture Correct answer.
- Remission
- Discharge
- Exoneration
Explanation
When a defendant fails to appear, the court may declare the bond forfeited, making the surety liable for the bond amount. Exoneration and discharge refer to release from liability, and remission is a partial or full relief from a forfeiture.
Question 17Arkansas bail bond statutes, rules, and regulatory framework
What does it mean for a bond to be exonerated?
- The defendant is convicted
- The surety's liability on the bond is released Correct answer.
- The premium is refunded to the defendant
- The agent's license is suspended
Explanation
Exoneration means the surety and agent are released from liability on the bond, typically because the defendant fulfilled the conditions of the bond. It is unrelated to conviction, license status, or premium refunds.
Question 18Arkansas bail bond statutes, rules, and regulatory framework
Which factor is most relevant to the regulator's determination of whether an applicant possesses good moral character for bail bond licensure?
- The applicant's physical fitness
- The applicant's college major
- The applicant's credit score alone
- A history of dishonest or fraudulent conduct Correct answer.
Explanation
Good moral character assessments focus on honesty, integrity, and any history of fraudulent or dishonest conduct. Credit score alone, physical fitness, and educational major are not the primary indicators used.
Question 19Arkansas bail bond statutes, rules, and regulatory framework
An agent learns that a defendant plans to flee the jurisdiction. What is the agent's most appropriate action consistent with the agent's role?
- Cancel the bond without any court involvement
- Ignore the information as outside the agent's concern
- Personally detain the defendant without authority
- Take reasonable steps to address the risk and notify appropriate parties Correct answer.
Explanation
An agent has an interest in ensuring appearance and should take reasonable steps, including notifying the surety or appropriate authorities, when aware of a flight risk. Ignoring the risk, unauthorized detention, and unilateral cancellation without proper process are inappropriate.
Question 20Arkansas bail bond statutes, rules, and regulatory framework
Which statement about the premium charged for a bail bond in Arkansas is most accurate?
- The premium is set by the defendant's attorney
- The premium may be any amount the agent chooses
- The premium is always refundable if the defendant appears
- The premium is generally regulated and must comply with approved rates Correct answer.
Explanation
Bail bond premiums are subject to regulatory oversight and must comply with approved rates rather than being freely set or negotiated by attorneys. Premiums are generally earned and are not automatically refundable upon appearance.
Question 21Arkansas bail bond statutes, rules, and regulatory framework
A bail bond agent's license is revoked. What is the effect on the agent's ability to continue writing bonds?
- The agent must cease writing bonds immediately Correct answer.
- The agent may continue until the end of the year
- The agent may write bonds only for prior clients
- The agent may write bonds under a different name
Explanation
Revocation terminates the agent's authority to act as a bail bond agent, and the agent must stop writing bonds. Continuing under a different name or limiting to prior clients would be unlawful unlicensed activity.
Question 22Arkansas bail bond statutes, rules, and regulatory framework
Which of the following best describes the relationship between a bail bond agent and the surety insurer?
- The agent is an independent regulator of the surety
- The agent owns the surety's obligations
- The agent has no legal relationship with the surety
- The agent acts under the surety's authority to issue bonds Correct answer.
Explanation
A bail bond agent acts under the authority of the surety insurer, typically through a power of attorney, to issue bonds on the surety's behalf. The agent does not regulate the surety, own its obligations, or lack a legal relationship with it.
Question 23Arkansas bail bond statutes, rules, and regulatory framework
An agent is approached by a defendant who cannot pay the full premium. Which practice is consistent with Arkansas standards?
- Following approved procedures for payment arrangements and documentation Correct answer.
- Waiving the premium entirely without surety approval
- Accepting collateral in place of required filings without disclosure
- Falsifying the bond amount to reduce the premium
Explanation
Agents should follow approved procedures for payment arrangements and document transactions accurately. Falsifying bond amounts, unapproved waivers, and undisclosed substitutions violate regulatory standards.
Question 24Arkansas bail bond statutes, rules, and regulatory framework
What is the significance of a bail bond agent's oath or affirmation when applying for licensure?
- It authorizes the applicant to practice law
- It affirms the applicant's commitment to comply with applicable laws and rules Correct answer.
- It guarantees the applicant will never face discipline
- It substitutes for the licensing examination
Explanation
An oath or affirmation affirms the applicant's commitment to comply with bail bond laws and regulations and to act honestly. It does not replace the examination, prevent discipline, or confer legal practice authority.
Question 25Arkansas bail bond statutes, rules, and regulatory framework
Which scenario most clearly demonstrates an agent acting within the scope of Arkansas bail bond regulations?
- An agent posts a bond and keeps the premium without remitting to the surety
- An agent posts a bond, documents the premium, and advises the defendant of court obligations Correct answer.
- An agent posts a bond and advises the defendant to skip a hearing
- An agent posts a bond and demands additional undisclosed fees later
Explanation
Proper conduct includes posting the bond, accurately documenting the premium, and advising the defendant of court obligations. Encouraging nonappearance, retaining unremitted premiums, and demanding undisclosed fees are violations.
Question 26Arkansas bail bond statutes, rules, and regulatory framework
In Arkansas, the authority to regulate bail bond agents is vested primarily in which entity?
- The county sheriff's office
- The Arkansas Supreme Court Committee on Professional Conduct
- The Arkansas Insurance Department Correct answer.
- The Arkansas Department of Corrections
Explanation
Bail bond agents in Arkansas are licensed and regulated through the Arkansas Insurance Department, which administers the licensing and disciplinary framework for the bail bond industry. Courts and sheriffs have related roles in the criminal process but do not license agents.
Question 27Arkansas bail bond statutes, rules, and regulatory framework
Which type of license must a person generally hold in Arkansas before lawfully executing bail bonds for a surety?
- A notary public commission
- A property and casualty producer license only
- A bail bond agent license issued by the state insurance regulator Correct answer.
- A private investigator license
Explanation
Arkansas requires a specific bail bond agent license, obtained through the state insurance regulator, before a person may write bail bonds on behalf of a surety. Other licenses and commissions do not substitute for that credential.
Question 28Arkansas bail bond statutes, rules, and regulatory framework
A bail bond agent's license expires and the agent continues to write bonds without renewing. This conduct is best characterized as:
- Lawful as long as no claim is filed
- Permissible if the surety approves in writing
- Unlicensed activity subject to regulatory discipline Correct answer.
- A minor clerical matter with no consequence
Explanation
Writing bonds after a license lapses constitutes unlicensed activity, and the regulator may impose discipline for it. A surety's approval cannot cure the absence of a required state license.
Question 29Arkansas bail bond statutes, rules, and regulatory framework
Which document typically sets out the terms under which a surety authorizes an agent to execute bonds on its behalf?
- The agent's personal surety agreement
- The power of attorney filed with the regulator Correct answer.
- The court's bond schedule
- The defendant's release order
Explanation
A surety grants an agent authority through a power of attorney, which is filed with the regulator and identifies the agent's scope of bonding authority. Court documents and bond schedules do not confer authority from the insurer.
Question 30Arkansas bail bond statutes, rules, and regulatory framework
An agent's power of attorney from a surety is limited to a stated dollar amount per bond. The agent writes a bond exceeding that limit. The most likely regulatory consequence is:
- The agent has exceeded granted authority and may face discipline Correct answer.
- The court must reduce the bond to the authorized amount
- The bond is automatically void and the defendant is released
- The surety must honor the bond without recourse
Explanation
An agent may act only within the authority granted by the surety's power of attorney. Exceeding that limit is a violation of the agency relationship and exposes the agent to regulatory discipline.
Question 31Arkansas bail bond statutes, rules, and regulatory framework
Which of the following is a core fiduciary obligation of a bail bond agent toward the surety?
- Advancing the defendant's legal fees
- Holding and remitting premium and collateral funds as required Correct answer.
- Guaranteeing the defendant's appearance personally
- Paying the defendant's court costs
Explanation
As a fiduciary, the agent must handle premium and collateral funds in trust and remit amounts owed to the surety as required. The agent does not personally guarantee appearance or fund the defendant's legal expenses.
Question 32Arkansas bail bond statutes, rules, and regulatory framework
An agent collects collateral from a defendant and keeps it in a personal account without recording it. This most directly violates which obligation?
- The duty to attend court hearings
- The duty to advertise truthfully
- The duty to report the defendant's whereabouts
- The duty to maintain proper handling of collateral funds Correct answer.
Explanation
Collateral must be accounted for and handled in accordance with regulatory requirements, not commingled or left unrecorded in a personal account. Mishandling collateral is a fiduciary breach subject to discipline.
Question 33Arkansas bail bond statutes, rules, and regulatory framework
Which of the following best describes how a bail bond agent's conduct should be measured when handling a defendant's funds?
- By the standards set in statute and regulation for trust and accounting Correct answer.
- By the surety's informal preference
- By the agent's personal discretion alone
- By the defendant's written waiver
Explanation
Handling of funds is governed by statutory and regulatory standards requiring proper accounting and trust treatment. Personal discretion, informal preferences, or waivers cannot displace those standards.
Question 34Arkansas bail bond statutes, rules, and regulatory framework
A bail bond agent is convicted of a felony involving dishonesty. Under Arkansas regulatory standards, this is most relevant to which determination?
- The agent's eligibility to continue holding a license Correct answer.
- The defendant's sentence length
- The court's bond amount
- The surety's tax liability
Explanation
Licensure depends on good moral character and fitness, and a dishonesty-related felony bears directly on whether the agent may retain a license. It does not determine sentencing, bond amounts, or tax matters.
Question 35Arkansas bail bond statutes, rules, and regulatory framework
Which best describes the regulator's typical response to an agent who repeatedly violates bail bond statutes?
- Issuing a warning that carries no record
- Transferring the license to another agent
- Requiring the agent to post a larger bond
- Suspending or revoking the license and imposing other sanctions Correct answer.
Explanation
The regulator may suspend or revoke a license and impose additional sanctions for repeated statutory violations. Warnings, transfers, or bonding requirements do not reflect the standard disciplinary range.
Question 36Arkansas bail bond statutes, rules, and regulatory framework
An agent is accused of a violation and the regulator schedules a hearing. Which principle applies to the agent's opportunity to respond?
- The agent is entitled to notice and an opportunity to be heard Correct answer.
- The agent's surety decides the outcome
- The agent must waive all rights to keep the license
- The agent may be disciplined without any notice
Explanation
Administrative discipline requires notice and an opportunity to be heard before sanctions are imposed. Discipline without notice would deny the agent due process.
Question 37Arkansas bail bond statutes, rules, and regulatory framework
Which of the following is the most appropriate response when an agent discovers that a colleague is forging signatures on bond documents?
- Accept the colleague's assurance and continue
- Report the conduct to the regulator Correct answer.
- Ignore the matter to avoid conflict
- Confront the colleague and destroy the documents
Explanation
Forgery is a serious violation that should be reported to the regulator. Concealing or destroying evidence compounds the misconduct.
Question 38Arkansas bail bond statutes, rules, and regulatory framework
Which statement accurately describes the premium for a bail bond in Arkansas?
- It is governed by regulated rates approved under state law Correct answer.
- It is determined solely by the court
- It is set by the agent at any rate the defendant will pay
- It is refundable in all cases
Explanation
Bond premiums are subject to regulated rate requirements rather than the agent's unfettered discretion. Courts set bond amounts, not premiums, and premiums are generally earned.
Question 39Arkansas bail bond statutes, rules, and regulatory framework
A defendant posts bond and appears at every required hearing, and the court then releases the surety from liability. This outcome is described as:
- Remand
- Revocation
- Exoneration Correct answer.
- Forfeiture
Explanation
Exoneration is the release of the surety's liability on the bond, typically occurring when the defendant satisfies the conditions of the bond. Forfeiture is the opposite result.
Question 40Arkansas bail bond statutes, rules, and regulatory framework
When a defendant fails to appear and the court declares the bond forfeited, the surety's obligation is best described as:
- Limited to returning the premium
- Potentially owing the bond amount subject to any statutory relief Correct answer.
- Transferred to the defendant's family
- Automatically extinguished
Explanation
Forfeiture makes the surety potentially liable for the bond amount, subject to any statutory procedures for relief or remittitur. The obligation is not extinguished automatically.
Question 41Arkansas bail bond statutes, rules, and regulatory framework
Which action is most consistent with an agent's duty when a defendant's whereabouts become unknown after release?
- Wait for the court to locate the defendant
- Refund the premium and close the file
- Take reasonable steps to locate the defendant and notify the surety Correct answer.
- Immediately surrender the license
Explanation
The agent should make reasonable efforts to locate the defendant and keep the surety informed to mitigate forfeiture exposure. Passive waiting, surrender, or refund do not discharge the obligation.
Question 42Arkansas bail bond statutes, rules, and regulatory framework
Which of the following best describes a prohibited inducement in the bail bond context?
- Providing a receipt for premium paid
- Explaining bond conditions to the defendant
- Advising the defendant of court dates
- Offering something of value to jail personnel to secure referrals Correct answer.
Explanation
Offering value to jail or court personnel to obtain referrals is an unlawful inducement and conflicts with fair dealing requirements. Explaining conditions, giving receipts, and advising on dates are proper practices.
Question 43Arkansas bail bond statutes, rules, and regulatory framework
An agent agrees to split premium with an unlicensed individual who solicits defendants for the agent. This arrangement is:
- Permissible if the split is disclosed
- Prohibited because it involves an unlicensed person Correct answer.
- Allowed for bonds under a set dollar amount
- Acceptable if the surety approves
Explanation
Compensating an unlicensed person for soliciting bond business is prohibited because it facilitates unlicensed activity. Disclosure or surety approval does not cure the licensing defect.
Question 44Arkansas bail bond statutes, rules, and regulatory framework
Which record must a bail bond agent generally maintain for each bond written?
- The defendant's medical history
- The judge's personal calendar
- The prosecutor's case notes
- A record of the bond, premium, and collateral Correct answer.
Explanation
Agents must keep records of bonds written, premiums charged, and collateral received so the regulator can verify compliance. Records unrelated to bonding are not required.
Question 45Arkansas bail bond statutes, rules, and regulatory framework
An agent receives a subpoena from the regulator requesting bond records. The agent should:
- Produce the requested records as required Correct answer.
- Refer the regulator to the surety only
- Discard the records to avoid scrutiny
- Delay until the license renews
Explanation
Agents must cooperate with regulatory examinations and produce requested records. Destroying records or refusing to cooperate compounds violations.
Question 46Arkansas bail bond statutes, rules, and regulatory framework
Which statement best describes the continuing education expectation for licensed bail bond agents in Arkansas?
- Only the surety decides education needs
- Education is required only after a license is revoked
- No education is ever required after licensing
- Agents must satisfy continuing education requirements set by regulation Correct answer.
Explanation
Licensed agents must meet continuing education requirements established by regulation to maintain their licenses. Education is an ongoing condition of licensure, not a matter of surety discretion.
Question 47Arkansas bail bond statutes, rules, and regulatory framework
An agent moves to a new address and fails to notify the regulator. This is best characterized as:
- A ground for automatic license revocation
- A failure to keep required licensing information current Correct answer.
- A harmless event with no regulatory significance
- A matter solely for the surety
Explanation
Licensees must keep required information, including address, current with the regulator. Failure to do so is a compliance deficiency, though not automatically a revocation.
Question 48Arkansas bail bond statutes, rules, and regulatory framework
Which of the following best describes the proper treatment of a defendant's collateral when the bond is exonerated and all obligations are met?
- The agent may keep it as a bonus
- It should be returned according to the agreement and applicable rules Correct answer.
- It is transferred to the surety permanently
- It must be forfeited to the court
Explanation
When the bond is exonerated and obligations are satisfied, collateral is returned in accordance with the agreement and applicable rules. Retaining it as a bonus or forfeiting it would be improper.
Question 49Arkansas bail bond statutes, rules, and regulatory framework
An agent writes a bond and then learns the defendant misrepresented a material fact on the application. The agent's best course is to:
- Ignore it because the bond is already posted
- Notify the surety and document the issue Correct answer.
- Conceal the misrepresentation from the surety
- Immediately destroy the application
Explanation
Material misrepresentations must be documented and disclosed to the surety so it can assess its exposure. Concealment or destruction of records would itself be a violation.
Question 50Arkansas bail bond statutes, rules, and regulatory framework
Which scenario most clearly falls outside the lawful scope of a bail bond agent's authority?
- Promising to influence a judge's ruling in exchange for payment Correct answer.
- Collecting premium and issuing a receipt
- Reporting a defendant's nonappearance to the surety
- Explaining bond obligations to a defendant
Explanation
Promising to influence a judicial ruling is an unlawful attempt to affect the justice process and lies outside any bonding authority. Explaining obligations, collecting premium, and reporting nonappearance are proper functions.