Section 2110. Revocation or suspension of license of insurance producer, insurance consultant or adjuster  


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  • (a) The superintendent may  refuse  to  renew, revoke, or may suspend for a period the superintendent determines
      the license of any insurance producer, insurance consultant or adjuster,
      if,  after  notice  and  hearing, the superintendent determines that the
      licensee or any sub-licensee has:
        (1) violated any insurance laws, or violated any regulation,  subpoena
      or  order  of  the  superintendent  of  insurance  or of another state's
      insurance commissioner, or has violated any law in  the  course  of  his
      dealings in such capacity;
        (2)  provided  materially incorrect, materially misleading, materially
      incomplete or materially untrue information in the license application;
        (3)   obtained   or   attempted   to   obtain   a   license    through
      misrepresentation or fraud;
        (4)(A) used fraudulent, coercive or dishonest practices;
        (B) demonstrated incompetence;
        (C) demonstrated untrustworthiness; or
        (D) demonstrated financial irresponsibility in the conduct of business
      in this state or elsewhere;
        (5)  improperly  withheld,  misappropriated or converted any monies or
      properties  received  in  the  course  of  business  in  this  state  or
      elsewhere;
        (6)  intentionally  misrepresented  the terms of an actual or proposed
      insurance contract or application for insurance;
        (7) has been convicted of a felony;
        (8) admitted or been found to  have  committed  any  insurance  unfair
      trade practice or fraud;
        (9)  had  an  insurance  producer  license, or its equivalent, denied,
      suspended  or  revoked  in  any  other  state,  province,  district   or
      territory;
        (10)  forged  another's name to an application for insurance or to any
      document related to an insurance transaction;
        (11) improperly used notes or any other reference material to complete
      an examination for an insurance license;
        (12) knowingly accepted insurance business from an individual  who  is
      not licensed;
        (13) failed to comply with an administrative or court order imposing a
      child support obligation; or
        (14)  failed to pay state income tax or comply with any administrative
      or court order directing payment of state income tax.
        (b) Before  revoking  or  suspending  the  license  of  any  insurance
      producer  or  other licensee pursuant to the provisions of this article,
      the superintendent shall, except when proceeding pursuant to  subsection
      (f)  of  this  section,  give  notice  to  the  licensee  and  to  every
      sub-licensee and shall hold, or cause to be held,  a  hearing  not  less
      than ten days after the giving of such notice.
        (c)  If  an  insurance  producer's license or other licensee's license
      pursuant to the provisions of this article is revoked  or  suspended  by
      the superintendent, he shall forthwith give notice to the licensee.
        (d)  The  revocation or suspension of any insurance producer's license
      or other licensee's license pursuant to the provisions of  this  article
      shall  terminate  forthwith  such producer's license or other licensee's
      license and the authority conferred thereby upon all sub-licensees.
        (e) (1) No individual, corporation, firm or association whose  license
      as  an insurance producer or other licensee subject to subsection (a) of
      this section has been revoked, and no firm or association of which  such
      individual  is  a member, and no corporation of which such individual is
      an officer or director, shall be entitled to obtain  any  license  under
    
      the  provisions  of  this  chapter  for  a period of one year after such
      revocation, or, if such revocation be judicially reviewed, for one  year
      after  the  final  determination  thereof  affirming  the  action of the
      superintendent in revoking such license.
        (2)  If any such license held by a firm, association or corporation be
      revoked, no member of  such  firm  or  association  and  no  officer  or
      director of such corporation shall be entitled to obtain any license, or
      to  be  named as a sub-licensee in any such license, for the same period
      of time, unless the superintendent determines, after notice and hearing,
      that such member, officer or director was not personally at fault in the
      matter on account of which such license was revoked.
        (f) (1) As used in this subsection, "non-resident insurance producer's
      license or sub-license" means a license or sub-license in such  capacity
      issued  pursuant  to  paragraph  five  of  subsection (g) of section two
      thousand one hundred three or subsection (e) of section two thousand one
      hundred four of this article.
        (2) A non-resident insurance producer's license or sub-license may  be
      summarily  revoked in the event that the licensee's license as an agent,
      broker, adjuster or in any other capacity under the insurance law of the
      licensee's home state of  domicile  or  such  license  of  the  firm  or
      association of which the licensee is a member, employee or sub-licensee,
      or  such license of the corporation of which the licensee is an officer,
      director, employee or sub-licensee has  been  suspended  or  revoked  or
      renewal  thereof  denied  in  the licensee's home state of domicile by a
      procedure affording to the  licensee  or  it  a  statutory  right  to  a
      hearing,  for action or conduct which, if it had been established upon a
      hearing before the superintendent, would have  constituted  grounds  for
      revocation of a license under subsection (a) of this section.
        (3) Before revoking the license of any non-resident insurance producer
      in accordance with this section, the superintendent shall give ten days'
      notice  in  writing to such producer of the action proposed to be taken,
      which notice shall be given in accordance with the applicable provisions
      of subsections (a) and (d)  of  section  three  hundred  three  of  this
      chapter.
        (4) Upon submission to the superintendent of satisfactory proof that a
      suspension  or  revocation of a license issued by a home state to act as
      an insurance agent, insurance broker, adjuster or  in  another  licensed
      capacity  under  the  insurance  law  of such other state or a denial of
      renewal thereof has been duly withdrawn, set aside, reversed or  voided,
      the  superintendent  shall  thereupon  reinstate and restore any and all
      licenses revoked in accordance with the provisions of this subsection.
        (g) If any licensed insurance producer or any person  aggrieved  shall
      file  with  the  superintendent a verified complaint setting forth facts
      tending to show sufficient ground for the revocation  or  suspension  of
      any  insurance  producer's  license,  or if any licensed adjuster or any
      person aggrieved files with  the  superintendent  a  verified  complaint
      setting  forth  facts  showing  sufficient grounds for the suspension or
      revocation of any adjuster's license, the  superintendent  shall,  after
      notice  and a hearing, determine whether such license shall be suspended
      or revoked.
        (h) The superintendent shall  retain  the  authority  to  enforce  the
      provisions  of  and  impose  any  penalty  or  remedy authorized by this
      chapter against any person or entity who is under investigation  for  or
      charged  with  a  violation  of  this  chapter,  even if the person's or
      entity's license or registration has been surrendered, or has expired or
      has lapsed by operation of law.
        (i)  A  licensee  subject  to  this  article  shall  report   to   the
      superintendent  any  administrative action taken against the licensee in
    
      another jurisdiction or by another governmental  agency  in  this  state
      within  thirty  days of the final disposition of the matter. This report
      shall include a copy of the order, consent to order  or  other  relevant
      legal documents.
        (j)  Within  thirty  days  of  the  initial  pretrial  hearing date, a
      licensee subject to this article shall report to the superintendent  any
      criminal  prosecution  of  the  licensee  taken in any jurisdiction. The
      report shall include a copy of the initial complaint  filed,  the  order
      resulting from the hearing and any other relevant legal documents.