§431:8-317 - Suspension or revocation of license.
§431:8-317 Suspension or revocation oflicense. (a) The commissioner may suspend, revoke, or refuse to extendany surplus lines broker's license for any cause specified in any otherprovision of this chapter, or for any of the following causes:
(1) Failure to file the annual statement required bysection 431:8-313 or to pay the tax required by section 431:8-315;
(2) Failure to keep records or to allow thecommissioner to examine the surplus lines broker's records as provided in thisarticle;
(3) Removal of office accounts and records from thisState during the period in which the accounts are required to be maintainedunder this article;
(4) Any of the causes for which a producer's licensemay be suspended or revoked under article 9A;
(5) Any cause for which issuance of the license couldhave been refused had it then existed and been known to the commissioner;
(6) If the licensee wilfully violates or knowinglyparticipates in the violation of any provision of this code;
(7) If the licensee has obtained or attempted toobtain the license through wilful misrepresentation or fraud, or has failed topass any examination required by section 431:9A-105;
(8) If the licensee has misappropriated, converted tothe licensee's own use, or illegally withheld moneys required to be held in afiduciary capacity;
(9) If the licensee, with intent to deceive, hasmaterially misrepresented the terms or effect of any insurance contract, or hasengaged or is about to engage in any fraudulent transaction;
(10) If the licensee has been guilty of any unfairpractice or fraud as defined in article 13;
(11) If in the conduct of the licensee's affairs underthe license, the licensee has been a source of injury and loss to the public;
(12) If the licensee issues or purports to issue anybinder as to any insurer named therein as to which the licensee is not thenauthorized so to bind; or
(13) If the licensee has dealt with, or attempted todeal with, insurance or to exercise powers relative to insurance outside thescope of the licensee's licenses.
(b) The license of any partnership orcorporation may be suspended, revoked, or refused for any of the causesapplicable to any individual designated in the license to exercise thepartnership's or corporation's powers.
(c) The holder of any license which has beenrevoked or suspended shall surrender the license certificate to thecommissioner at the commissioner's request.
(d) The procedures provided in article 9A forthe suspension or revocation of producer licenses shall apply to suspension orrevocation of a surplus lines broker's license.
(e) No broker whose license has been revokedshall again be licensed as a broker within one year thereafter, nor until anyfines or delinquent taxes owing by the broker have been paid. [L 1987, c 347,pt of §2; am L 1989, c 195, §22; am L 2002, c 155, §20; am L 2003, c 212, §50;am L 2006, c 154, §12]