374.047. Willful violation of state law, order--notice. - Missouri Statutes

Willful violation of state law, order--notice.

374.047. 1. If the director determines, based on substantial andcompetent evidence, that a corporation or insurer with a certificate ofauthority under the laws relating to insurance willfully has engaged in anact, practice, omission, or course of business constituting a level three,four, or five violation of the laws of this state relating to insurance inthis chapter, chapter 354 and chapters 375 to 385, RSMo, or been convictedof any felony or misdemeanor under any state or federal law, the directormay, after hearing, issue an order suspending or revoking the certificateof authority.

2. Prior to issuance of the order under this section, the directorshall give at least thirty days' notice with a statement of reasons for theaction and afford such corporation or insurer the opportunity for a hearingupon written request. If such corporation or insurer requests a hearing inwriting, a final order of suspension or revocation may not be issued unlessthe director makes findings of fact and conclusions of law in a record inaccordance with the contested case provisions of chapter 536, RSMo, andprocedural rules promulgated by the director.

3. The enforcement authority of the director under this section iscumulative to any other statutory authority of the director.

(L. 2006 H.B. 1837)