State Codes and Statutes

Statutes > North-carolina > Chapter_58 > GS_58-71-80

§ 58‑71‑80. Grounds for denial, suspension, revocation or refusal to renew licenses.

(a)        The Commissionermay deny, suspend, revoke, or refuse to renew any license under this Articlefor any of the following causes:

(1)        For any causesufficient to deny, suspend, or revoke the license under any other provision ofthis Article.

(2)        A conviction of anymisdemeanor committed in the course of dealings under the license issued by theCommissioner.

(3)        Materialmisstatement, misrepresentation or fraud in obtaining the license.

(4)        Misappropriation,conversion or unlawful withholding of moneys belonging to insurers or othersand received in the conduct of business under the license.

(5)        Fraudulent ordishonest practices in the conduct of business under the license.

(6)        Conviction of acrime involving moral turpitude.

(7)        Failure to complywith or violation of the provisions of this Article or of any order, rule orregulation of the Commissioner.

(8)        When in the judgmentof the Commissioner, the licensee has in the conduct of the licensee's affairsunder the license, demonstrated incompetency, financial irresponsibility, oruntrustworthiness; or that the licensee is no longer in good faith carrying onthe bail bond business; or that the licensee is guilty of rebating, or offeringto rebate, or offering to divide the premiums received for the bond.

(9)        For failing to payany judgment or decree rendered on any forfeited undertaking in any court ofcompetent jurisdiction.

(10)      For charging orreceiving, as premium or compensation for the making of any deposit or bailbond, any sum in excess of that permitted by this Article.

(11)      For requiring, as acondition of executing a bail bond, that the principal agree to engage theservices of a specified attorney.

(12)      For cheating on anexamination for a license under this Article.

(13)      For entering into anybusiness association or agreement with any person who is at that time found bythe Commissioner to be in violation of any of the bail bond laws of this State,or who has been in any manner disqualified under the bail bond laws of thisState or any other state, whereby the person has any direct or indirectfinancial interest in the bail bond business of the licensee or applicant.

(14)      For knowingly aidingor abetting others to evade or violate the provisions of this Article.

(15)      Any cause for whichissuance of the license could have been refused had it then existed and beenknown to the Commissioner at the time of issuance.

(b)        The Commissionershall deny, revoke, or refuse to renew any license under this Article if theapplicant or licensee is or has ever been convicted of a felony.

(b1)      The Commissionershall revoke or refuse to renew any license under this Article if the licenseehas been convicted on or after October 1, 2009, of a misdemeanor drug violationunder Article 5 of Chapter 90 of the General Statutes.

(b2)      The Commissionershall deny any license under this Article if the applicant has been convictedof a misdemeanor drug violation under Article 5 of Chapter 90 of the GeneralStatutes within the previous 24 months of the date of the application for thelicense.

(c)        In the case of afirst‑year licensee whose employment or contract is terminated prior tothe end of the 12‑month supervisory period, the Commissioner may considerall information provided in writing by the supervising bail bondsman indetermining whether sufficient cause exists to suspend, revoke, or refuse torenew the license or to warrant criminal prosecution of the first‑yearlicensee. If the Commissioner determines there is not sufficient cause foradverse administrative action or criminal prosecution, the termination shallnot be deemed an interruption and the period of time the licensee was employedby or contracted with the terminating supervising bail bondsman will becredited toward the licensee's completion of the required 12 months ofsupervision with a subsequent supervising bail bondsman.  (1963, c. 1225, s. 17; 1975,c. 619, s. 1; 1989, c. 485, s. 40; 1991, c. 644, s. 17; 1993, c. 409, s. 16;1998‑211, s. 24; 2000‑180, s. 4; 2009‑536, s. 5.)

State Codes and Statutes

Statutes > North-carolina > Chapter_58 > GS_58-71-80

§ 58‑71‑80. Grounds for denial, suspension, revocation or refusal to renew licenses.

(a)        The Commissionermay deny, suspend, revoke, or refuse to renew any license under this Articlefor any of the following causes:

(1)        For any causesufficient to deny, suspend, or revoke the license under any other provision ofthis Article.

(2)        A conviction of anymisdemeanor committed in the course of dealings under the license issued by theCommissioner.

(3)        Materialmisstatement, misrepresentation or fraud in obtaining the license.

(4)        Misappropriation,conversion or unlawful withholding of moneys belonging to insurers or othersand received in the conduct of business under the license.

(5)        Fraudulent ordishonest practices in the conduct of business under the license.

(6)        Conviction of acrime involving moral turpitude.

(7)        Failure to complywith or violation of the provisions of this Article or of any order, rule orregulation of the Commissioner.

(8)        When in the judgmentof the Commissioner, the licensee has in the conduct of the licensee's affairsunder the license, demonstrated incompetency, financial irresponsibility, oruntrustworthiness; or that the licensee is no longer in good faith carrying onthe bail bond business; or that the licensee is guilty of rebating, or offeringto rebate, or offering to divide the premiums received for the bond.

(9)        For failing to payany judgment or decree rendered on any forfeited undertaking in any court ofcompetent jurisdiction.

(10)      For charging orreceiving, as premium or compensation for the making of any deposit or bailbond, any sum in excess of that permitted by this Article.

(11)      For requiring, as acondition of executing a bail bond, that the principal agree to engage theservices of a specified attorney.

(12)      For cheating on anexamination for a license under this Article.

(13)      For entering into anybusiness association or agreement with any person who is at that time found bythe Commissioner to be in violation of any of the bail bond laws of this State,or who has been in any manner disqualified under the bail bond laws of thisState or any other state, whereby the person has any direct or indirectfinancial interest in the bail bond business of the licensee or applicant.

(14)      For knowingly aidingor abetting others to evade or violate the provisions of this Article.

(15)      Any cause for whichissuance of the license could have been refused had it then existed and beenknown to the Commissioner at the time of issuance.

(b)        The Commissionershall deny, revoke, or refuse to renew any license under this Article if theapplicant or licensee is or has ever been convicted of a felony.

(b1)      The Commissionershall revoke or refuse to renew any license under this Article if the licenseehas been convicted on or after October 1, 2009, of a misdemeanor drug violationunder Article 5 of Chapter 90 of the General Statutes.

(b2)      The Commissionershall deny any license under this Article if the applicant has been convictedof a misdemeanor drug violation under Article 5 of Chapter 90 of the GeneralStatutes within the previous 24 months of the date of the application for thelicense.

(c)        In the case of afirst‑year licensee whose employment or contract is terminated prior tothe end of the 12‑month supervisory period, the Commissioner may considerall information provided in writing by the supervising bail bondsman indetermining whether sufficient cause exists to suspend, revoke, or refuse torenew the license or to warrant criminal prosecution of the first‑yearlicensee. If the Commissioner determines there is not sufficient cause foradverse administrative action or criminal prosecution, the termination shallnot be deemed an interruption and the period of time the licensee was employedby or contracted with the terminating supervising bail bondsman will becredited toward the licensee's completion of the required 12 months ofsupervision with a subsequent supervising bail bondsman.  (1963, c. 1225, s. 17; 1975,c. 619, s. 1; 1989, c. 485, s. 40; 1991, c. 644, s. 17; 1993, c. 409, s. 16;1998‑211, s. 24; 2000‑180, s. 4; 2009‑536, s. 5.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_58 > GS_58-71-80

§ 58‑71‑80. Grounds for denial, suspension, revocation or refusal to renew licenses.

(a)        The Commissionermay deny, suspend, revoke, or refuse to renew any license under this Articlefor any of the following causes:

(1)        For any causesufficient to deny, suspend, or revoke the license under any other provision ofthis Article.

(2)        A conviction of anymisdemeanor committed in the course of dealings under the license issued by theCommissioner.

(3)        Materialmisstatement, misrepresentation or fraud in obtaining the license.

(4)        Misappropriation,conversion or unlawful withholding of moneys belonging to insurers or othersand received in the conduct of business under the license.

(5)        Fraudulent ordishonest practices in the conduct of business under the license.

(6)        Conviction of acrime involving moral turpitude.

(7)        Failure to complywith or violation of the provisions of this Article or of any order, rule orregulation of the Commissioner.

(8)        When in the judgmentof the Commissioner, the licensee has in the conduct of the licensee's affairsunder the license, demonstrated incompetency, financial irresponsibility, oruntrustworthiness; or that the licensee is no longer in good faith carrying onthe bail bond business; or that the licensee is guilty of rebating, or offeringto rebate, or offering to divide the premiums received for the bond.

(9)        For failing to payany judgment or decree rendered on any forfeited undertaking in any court ofcompetent jurisdiction.

(10)      For charging orreceiving, as premium or compensation for the making of any deposit or bailbond, any sum in excess of that permitted by this Article.

(11)      For requiring, as acondition of executing a bail bond, that the principal agree to engage theservices of a specified attorney.

(12)      For cheating on anexamination for a license under this Article.

(13)      For entering into anybusiness association or agreement with any person who is at that time found bythe Commissioner to be in violation of any of the bail bond laws of this State,or who has been in any manner disqualified under the bail bond laws of thisState or any other state, whereby the person has any direct or indirectfinancial interest in the bail bond business of the licensee or applicant.

(14)      For knowingly aidingor abetting others to evade or violate the provisions of this Article.

(15)      Any cause for whichissuance of the license could have been refused had it then existed and beenknown to the Commissioner at the time of issuance.

(b)        The Commissionershall deny, revoke, or refuse to renew any license under this Article if theapplicant or licensee is or has ever been convicted of a felony.

(b1)      The Commissionershall revoke or refuse to renew any license under this Article if the licenseehas been convicted on or after October 1, 2009, of a misdemeanor drug violationunder Article 5 of Chapter 90 of the General Statutes.

(b2)      The Commissionershall deny any license under this Article if the applicant has been convictedof a misdemeanor drug violation under Article 5 of Chapter 90 of the GeneralStatutes within the previous 24 months of the date of the application for thelicense.

(c)        In the case of afirst‑year licensee whose employment or contract is terminated prior tothe end of the 12‑month supervisory period, the Commissioner may considerall information provided in writing by the supervising bail bondsman indetermining whether sufficient cause exists to suspend, revoke, or refuse torenew the license or to warrant criminal prosecution of the first‑yearlicensee. If the Commissioner determines there is not sufficient cause foradverse administrative action or criminal prosecution, the termination shallnot be deemed an interruption and the period of time the licensee was employedby or contracted with the terminating supervising bail bondsman will becredited toward the licensee's completion of the required 12 months ofsupervision with a subsequent supervising bail bondsman.  (1963, c. 1225, s. 17; 1975,c. 619, s. 1; 1989, c. 485, s. 40; 1991, c. 644, s. 17; 1993, c. 409, s. 16;1998‑211, s. 24; 2000‑180, s. 4; 2009‑536, s. 5.)