§58‑56‑66. Grounds for suspension or revocation of license.
(a) The Commissionershall, after notice and opportunity for hearing, suspend or revoke the licenseof a TPA if the Commissioner finds that either of the following apply to theTPA:
(1) The TPA is usingmethods or practices in the conduct of its business that render its furthertransaction of business in this State hazardous or injurious to insured personsor the public.
(2) The TPA has failedto pay any judgment rendered against it in this State within 60 days after thejudgment has become final.
(b) The Commissionermay, after notice and opportunity for hearing, suspend or revoke the license ofa TPA if the Commissioner finds that any of the following apply to the TPA:
(1) The TPA has violateda rule or an order of the Commissioner or any provision of this Chapter.
(2) The TPA has refusedto be examined or to produce its accounts, records, and files for examination,or any of its officers has refused to give information with respect to itsaffairs or has refused to perform any other legal obligation as to thatexamination, when required by the Commissioner.
(3) The TPA has, withoutjust cause, refused to pay proper claims or perform services arising under itscontracts or has, without just cause, caused covered individuals to accept lessthan the amount due them or caused covered individuals to employ attorneys orbring suit against the TPA to secure full payment or settlement of the claims.
(4) The TPA is anaffiliate of or under the same general management, interlocking directorate, orownership as another TPA or insurer that unlawfully transacts business in thisState without having a license.
(5) The TPA at any timefails to meet any qualification for which issuance of the license could havebeen refused had the failure then existed and been known to the Commissioner atthe time of the application.
(6) The TPA has beenconvicted of, or has entered a plea of guilty or nolo contendere to, a felonywithout regard to whether judgment was withheld.
(7) The TPA is undersuspension or revocation in another state.
(c) The Commissionermay without advance notice or hearing immediately suspend the license of anyTPA if the Commissioner finds that any of the following apply to the TPA:
(1) The TPA is insolventor financially impaired. "Financially impaired" means that the TPAis unable or potentially unable to fulfill its contractual obligations.
(2) A proceeding forreceivership, conservatorship, rehabilitation, or other delinquency proceedingregarding the TPA has been commenced in any state.
(3) The financialcondition or business practices of the TPA otherwise pose an imminent threat tothe public health, safety, or welfare of the residents of this State. (1991,c. 627, s. 1.)
§58‑56‑66. Grounds for suspension or revocation of license.
(a) The Commissionershall, after notice and opportunity for hearing, suspend or revoke the licenseof a TPA if the Commissioner finds that either of the following apply to theTPA:
(1) The TPA is usingmethods or practices in the conduct of its business that render its furthertransaction of business in this State hazardous or injurious to insured personsor the public.
(2) The TPA has failedto pay any judgment rendered against it in this State within 60 days after thejudgment has become final.
(b) The Commissionermay, after notice and opportunity for hearing, suspend or revoke the license ofa TPA if the Commissioner finds that any of the following apply to the TPA:
(1) The TPA has violateda rule or an order of the Commissioner or any provision of this Chapter.
(2) The TPA has refusedto be examined or to produce its accounts, records, and files for examination,or any of its officers has refused to give information with respect to itsaffairs or has refused to perform any other legal obligation as to thatexamination, when required by the Commissioner.
(3) The TPA has, withoutjust cause, refused to pay proper claims or perform services arising under itscontracts or has, without just cause, caused covered individuals to accept lessthan the amount due them or caused covered individuals to employ attorneys orbring suit against the TPA to secure full payment or settlement of the claims.
(4) The TPA is anaffiliate of or under the same general management, interlocking directorate, orownership as another TPA or insurer that unlawfully transacts business in thisState without having a license.
(5) The TPA at any timefails to meet any qualification for which issuance of the license could havebeen refused had the failure then existed and been known to the Commissioner atthe time of the application.
(6) The TPA has beenconvicted of, or has entered a plea of guilty or nolo contendere to, a felonywithout regard to whether judgment was withheld.
(7) The TPA is undersuspension or revocation in another state.
(c) The Commissionermay without advance notice or hearing immediately suspend the license of anyTPA if the Commissioner finds that any of the following apply to the TPA:
(1) The TPA is insolventor financially impaired. "Financially impaired" means that the TPAis unable or potentially unable to fulfill its contractual obligations.
(2) A proceeding forreceivership, conservatorship, rehabilitation, or other delinquency proceedingregarding the TPA has been commenced in any state.
(3) The financialcondition or business practices of the TPA otherwise pose an imminent threat tothe public health, safety, or welfare of the residents of this State. (1991,c. 627, s. 1.)
§58‑56‑66. Grounds for suspension or revocation of license.
(a) The Commissionershall, after notice and opportunity for hearing, suspend or revoke the licenseof a TPA if the Commissioner finds that either of the following apply to theTPA:
(1) The TPA is usingmethods or practices in the conduct of its business that render its furthertransaction of business in this State hazardous or injurious to insured personsor the public.
(2) The TPA has failedto pay any judgment rendered against it in this State within 60 days after thejudgment has become final.
(b) The Commissionermay, after notice and opportunity for hearing, suspend or revoke the license ofa TPA if the Commissioner finds that any of the following apply to the TPA:
(1) The TPA has violateda rule or an order of the Commissioner or any provision of this Chapter.
(2) The TPA has refusedto be examined or to produce its accounts, records, and files for examination,or any of its officers has refused to give information with respect to itsaffairs or has refused to perform any other legal obligation as to thatexamination, when required by the Commissioner.
(3) The TPA has, withoutjust cause, refused to pay proper claims or perform services arising under itscontracts or has, without just cause, caused covered individuals to accept lessthan the amount due them or caused covered individuals to employ attorneys orbring suit against the TPA to secure full payment or settlement of the claims.
(4) The TPA is anaffiliate of or under the same general management, interlocking directorate, orownership as another TPA or insurer that unlawfully transacts business in thisState without having a license.
(5) The TPA at any timefails to meet any qualification for which issuance of the license could havebeen refused had the failure then existed and been known to the Commissioner atthe time of the application.
(6) The TPA has beenconvicted of, or has entered a plea of guilty or nolo contendere to, a felonywithout regard to whether judgment was withheld.
(7) The TPA is undersuspension or revocation in another state.
(c) The Commissionermay without advance notice or hearing immediately suspend the license of anyTPA if the Commissioner finds that any of the following apply to the TPA:
(1) The TPA is insolventor financially impaired. "Financially impaired" means that the TPAis unable or potentially unable to fulfill its contractual obligations.
(2) A proceeding forreceivership, conservatorship, rehabilitation, or other delinquency proceedingregarding the TPA has been commenced in any state.
(3) The financialcondition or business practices of the TPA otherwise pose an imminent threat tothe public health, safety, or welfare of the residents of this State. (1991,c. 627, s. 1.)
