354.722. 1. The director may suspend or revoke any certificate ofauthority issued to a prepaid dental plan corporation pursuant to sections354.700 to 354.723 if he finds that any of the following conditions exist:
(1) The prepaid dental plan corporation is operating substantially incontravention of its basic organizational document or is not fulfilling itscontracts;
(2) The prepaid dental plan corporation is no longer financiallyresponsible and may reasonably be expected to be unable to meet itscontractual obligations to enrollees, or prospective enrollees;
(3) The prepaid dental plan corporation, or any person on its behalf,has advertised or merchandised its prepaid dental benefits in an untrue,misrepresentative, misleading, deceptive or unfair manner;
(4) The continued operation of the prepaid dental plan corporationwould be hazardous to its enrollees; or
(5) The prepaid dental plan corporation has failed to substantiallycomply with the provisions of sections 354.700 to 354.723 or any rules orregulations promulgated thereunder.
2. If the director determines that a person has engaged, is engagingin, or has taken a substantial step toward engaging in an act, practice orcourse of business constituting a violation of sections 354.700 to 354.723or a rule adopted or order issued pursuant thereto or that a person hasmaterially aided or is materially aiding an act, practice, omission, orcourse of business constituting a violation of sections 354.700 to 354.723or a rule adopted or order issued pursuant thereto, the director may issuesuch administrative orders as authorized under section 374.046, RSMo. Aviolation of this section is a level two violation under section 374.049,RSMo. The director may also suspend or revoke the certificate of authorityof a corporation for any such willful violation.
3. When the certificate of authority of a prepaid dental plancorporation is suspended, the prepaid dental plan corporation shall not,during the period of such suspension, enroll any additional enrolleesexcept newborn children or other newly acquired dependent of existingenrollees and shall not engage in any advertising or solicitationwhatsoever.
4. When the certificate of authority of a prepaid dental plancorporation is revoked, such corporation shall proceed, immediatelyfollowing the effective date of the order of revocation, to wind up itsaffairs and shall conduct no further business except as may be essential tothe orderly conclusion of the affairs of such corporation. It shall engagein no further advertising or solicitation whatsoever.
(L. 1987 S.B. 272 ยง 12, A.L. 2007 S.B. 66)*Transferred 1988; formerly 379.922