§ 58-33A-45. (Effective July 1, 2010) License denial, nonrenewal, or revocation. - North Carolina Statutes

§ 58‑33A‑45. (Effective July 1, 2010) License denial, nonrenewal, or revocation.

(a)        The Commissionermay place on probation, suspend, revoke, or refuse to issue or renew a publicadjuster's license or may levy a civil penalty in accordance with G.S. 58‑2‑70or any combination of actions for any one or more of the following causes:

(1)        Providing incorrect,misleading, incomplete, or materially untrue information in the licenseapplication.

(2)        Violating anyinsurance laws or violating any regulation, subpoena, or order of theCommissioner or of another state's insurance regulator.

(3)        Obtaining orattempting to obtain a license through misrepresentation or fraud.

(4)        Improperlywithholding, misappropriating, or converting any monies or properties receivedin the course of doing insurance business.

(5)        Intentionallymisrepresenting the terms of an actual or proposed insurance contract orapplication for insurance.

(6)        Having beenconvicted of a felony or a misdemeanor involving dishonesty or breach of trust.

(7)        Having admitted orbeen found to have committed any insurance unfair trade practice or insurancefraud.

(8)        Using fraudulent,coercive, or dishonest practices or demonstrating incompetence,untrustworthiness, or financial irresponsibility in the conduct of business inthis State or elsewhere.

(9)        Having an insurancelicense, or its equivalent, denied, suspended, or revoked in any other state,province, district, or territory.

(10)      Forging another'sname to an application for insurance or to any document related to an insurancetransaction.

(11)      Cheating, includingimproperly using notes or any other reference material, to complete anexamination for an insurance license.

(12)      Knowingly acceptinginsurance business from an individual who is not licensed but who is requiredto be licensed by the Commissioner.

(13)      Failing to complywith an administrative or court order imposing a child support obligation.

(14)      Failing to pay stateincome tax or comply with any administrative or court order directing paymentof state income tax.

(b)        If the action bythe Commissioner is to deny an application for or not renew a license, theCommissioner shall notify the applicant or licensee and advise, in writing, theapplicant or licensee of the reason for the nonrenewal or denial of theapplicant's or licensee's license. The applicant or licensee may make writtendemand upon the Commissioner in accordance with Article 3A of Chapter 150B ofthe General Statutes for a hearing before the Commissioner to determine thereasonableness of the Commissioner's action. The hearing shall be held pursuantto Article 3A of Chapter 150B of the General Statutes.

(c)        The license of abusiness entity may be suspended, revoked, or refused if the Commissionerfinds, after hearing, that an individual licensee's violation was known orshould have been known by one or more of the partners, officers, or managersacting on behalf of the business entity and the violation was neither reportedto the Commissioner nor corrective action taken.

(d)        In addition to orin lieu of any applicable denial, suspension, or revocation of a license, aperson may, after hearing, be subject to a civil penalty according to G.S. 58‑2‑70.

(e)        The Commissionershall retain the authority to enforce the provisions of and impose any penaltyor remedy authorized by this Chapter against any person who is underinvestigation for or charged with a violation of this Chapter, even if theperson's license or registration has been surrendered or has lapsed byoperation of law.  (2009‑565,s. 1.)