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North Dakota Century Code Title 26.1. Insurance § 26.1-26.8-10. License denial, nonrenewal, or revocation--Penalty

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1. The commissioner may suspend, revoke, or refuse to issue or renew a resident public adjuster license, nonresident public adjuster license, or business entity public adjuster license or may levy an administrative fine in accordance with subsection 4, or a combination of those actions, for the following causes:

a. Providing incorrect, misleading, incomplete, or materially untrue information in the license application;

b. Violating any provision of this title or violating a rule, regulation, subpoena, or order of the commissioner or another state's insurance commissioner;

c. Obtaining or attempting to obtain a license through misrepresentation or fraud;

d. Improperly withholding, misappropriating, or converting money or property received in the course of doing business;

e. Intentionally misrepresenting the terms of an actual or proposed insurance contract or application for insurance;

f. Having been convicted of a felony or a class A or B misdemeanor;

g. Having admitted or been found to have committed an insurance unfair trade practice, an unfair claims settlement practice, or fraud;

h. Using fraudulent, coercive, or dishonest practices or demonstrating incompetence, untrustworthiness, or financial irresponsibility in the conduct of business in this state or elsewhere or failing to comply with section 26.1-26.8-15;

i. Having an insurance or public adjuster license, or its equivalent, denied, suspended, placed on probation, or revoked in this state or in another state, province, district, or territory;

j. Forging another person's name to an application for insurance or to a document related to an insurance transaction;

k. Improperly using notes or other reference materials to complete an examination for an insurance license;

l. Knowingly accepting insurance business from a person that is not licensed;

m. Failing to comply with an administrative or court order imposing a child support obligation;

n. Failing to pay state income tax or comply with an administrative or court order directing payment of state income tax;  or

o. Failing to maintain in good standing a resident license in the public adjuster's home state.

2. If the commissioner does not renew or denies an application for a public adjuster license, the commissioner shall notify the applicant or licensee and advise, in writing, the reason for the denial or nonrenewal of the license.  Within thirty days of norenewal or denial, the applicant or licensee may make written demand upon the commissioner for a hearing before the commissioner to determine the reasonableness of the commissioner's action.  The hearing must be held pursuant to chapter 28-32.

3. A business entity public adjuster license may be suspended, revoked, or denied if the commissioner finds, after notice and hearing, that a violation committed by an individual licensee providing services through the business entity was known or should have been known by one or more of the partners, officers, or managers acting on behalf of the business entity and the violation neither was reported to the commissioner nor was corrective action taken in relation to the violation.

4. In addition to or in lieu of an applicable denial, suspension, or revocation of a license, a person violating this chapter may, after notice and hearing, be subject to an administrative fine of not more than ten thousand dollars per violation.  A fine may be enforced in the same manner as civil judgments.  A person charged with a violation of this chapter may waive the right to a hearing and consent to the discipline the commissioner determines is appropriate.  Chapter 28-32 governs all hearings held pursuant to this subsection.

5. The commissioner may enforce this chapter and impose a penalty or remedy authorized by this chapter against a person under investigation for or charged with a violation of this chapter even if the person's license has been surrendered or lapsed by operation of law.  A disciplinary proceeding may not be instituted against a person after three years from the termination of the person's license.

Cite this article: - North Dakota Century Code Title 26.1. Insurance § 26.1-26.8-10. License denial, nonrenewal, or revocation--Penalty - last updated January 01, 2020 |

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