§431E-4 - License suspension, revocation, or refusal to renew.
[§431E-4] License suspension, revocation,
or refusal to renew. (a) The commissioner may suspend, revoke, or refuse
to renew the license of any licensee if the commissioner finds that:
(1) There was any material misrepresentation in the
application for the license;
(2) The licensee or any officer, partner, member, or
director has been guilty of fraudulent or dishonest practices, is subject to a
final administrative action, or is otherwise shown to be untrustworthy or
incompetent to act as a licensee;
(3) The provider demonstrates a pattern of
unreasonably withholding payments to policy owners;
(4) The licensee no longer meets the requirements for
initial licensure;
(5) The licensee or any officer, partner, member, or
director has been convicted of a felony, or of any misdemeanor of which
criminal fraud is an element; or the licensee has pleaded guilty or nolo
contendere with respect to any felony or any misdemeanor of which criminal
fraud or moral turpitude is an element, regardless of whether a judgment of
conviction has been entered by the court;
(6) The provider has entered into any life settlement
contract that has not been approved pursuant to this chapter;
(7) The provider has failed to honor contractual
obligations set out in a life settlement contract;
(8) The provider has assigned, transferred, or
pledged a settled policy to a person other than a provider licensed in this State,
a purchaser, an accredited investor or qualified institutional buyer as defined
respectively in Rule 501 of Regulation D or Rule 144A of the federal Securities
Act of 1933, as amended, a financing entity, a special purpose entity, or a
related provider trust; or
(9) The licensee or any officer, partner, member, or
key management personnel has violated this chapter.
(b) Before the commissioner may deny a license
application or suspends, revokes, or refuses to renew the license of any
licensee under this chapter, the commissioner shall conduct a hearing in
accordance with chapter 91. [L 2008, c 177, pt of §1]