374.787. Complaint procedure.

MISSOURI STATUTES AND CODES

Complaint procedure.

374.787. 1. The director may cause a complaint to be filed with theadministrative hearing commission as provided by chapter 621, RSMo, againstany surety recovery agent or any person who has failed to renew or hassurrendered his or her license for any one or any combination of the followingcauses:

(1) Violation of any provisions of, or any obligations imposed by, thelaws of this state, the department of insurance, financial institutions andprofessional registration rules and regulations, or aiding or abetting otherpersons to violate such laws, orders, rules, or regulations;

(2) Final adjudication or a plea of guilty or nolo contendere in acriminal prosecution under state or federal law for a felony or a crimeinvolving moral turpitude, whether or not a sentence is imposed;

(3) Using fraud, deception, misrepresentation, or bribery in securing alicense or in obtaining permission to take any examination required bysections 374.783 to 374.789;

(4) Obtaining or attempting to obtain any compensation as a suretyrecovery agent by means of fraud, deception, or misrepresentation;

(5) Acting as a surety recovery agent or aiding or abetting another inacting as a surety recovery agent without a license;

(6) Incompetence, misconduct, gross negligence, fraud, ormisrepresentation in the performance of the functions or duties of a suretyrecovery agent;

(7) Having a license revoked or suspended that was issued by anotherstate.

2. After the filing of the complaint, the proceedings shall be conductedin accordance with the provisions of chapter 621, RSMo. Upon a finding by theadministrative hearing commission that one or more of the causes stated insubsection 1 of this section have been met, the director may suspend or revokethe license or enter into an agreement for a monetary or other penaltypursuant to section 374.280.

3. In lieu of filing a complaint with the administrative hearingcommission, the director and the surety recovery agent may enter into anagreement for a monetary or other penalty pursuant to section 374.280.

4. In addition to any other remedies available, the director may issue acease and desist order or may seek an injunction in a court of law pursuant tosection 374.046 whenever it appears that any person is acting as a suretyrecovery agent without a license.