§ 27-1-27-7.1 — Violations; penalties; notice and hearing

Indiana § 27-1-27-7.1

• Jurisdiction: Indiana
• Title 27: INSURANCE
• Art. 1: DEPARTMENT OF INSURANCE
• Ch. 27: Public Adjusters

Text

1. (a) The insurance commissioner:
(1) may:
(A) suspend;
(B) revoke; or
(C) refuse to issue or renew;
a public adjuster's certificate of authority; or
(2) may place a public adjuster on probation;
for a cause set forth in subsection (b).
(b) A public adjuster is subject to the penalties set forth in
subsection (a) for any of the following:
(1) Providing incorrect, misleading, incomplete, or materially
untrue information in an application for a certificate of authority.
(2) Violating an insurance law, a subpoena, or an order of the
commissioner or another state's insurance commissioner.
(3) Obtaining or attempting to obtain a certificate of authority
through misrepresentation or fraud.
(4) Improperly withholding, misappropriating, or converting
money or property received in the course of doing insurance
business.
(5) Intentionally misrepresenting the terms of an actual or
proposed insurance contract or application for insurance.
(6) Having been convicted of a felony.
(7) Having admitted or been found to have committed any unfair
trade practice or fraud in the business of insurance.
(8) Using fraudulent, coercive, or dishonest practices, or
demonstrating incompetence, untrustworthiness, or financial
irresponsibility, in the conduct of insurance business.
(9) Having an insurance license, or the equivalent of an insurance
license, probated, suspended, revoked, or refused in another state,
province, district, or territory.
(10) Forging another person's name to a document related to an
insurance transaction.
(11) Cheating, including improperly using notes or any other
reference material, to complete an examination for an insurance
license.
(12) Failing to comply with an administrative or court order
imposing a child support obligation.
(13) Failing to pay state income tax or failing to comply with an
administrative or court order directing payment of state income
tax.
(14) Committing a violation of section 1.5, sections 12 through
17, section 19, or section 20 of this chapter.
(c) If the commissioner refuses an application for a certificate of
authority to act as a public adjuster or for the renewal of an existing
certificate of authority under this chapter, the commissioner shall notify
the applicant or certificate holder in writing, advising of the reason for
the refusal. The applicant or certificate holder may, not more than thirty
(30) days after receiving the commissioner's notice of refusal, make
written demand upon the commissioner for a hearing to determine the
reasonableness of the refusal. The hearing must be held under IC 4-21.5 not more than twenty (20) days after the commissioner receives
the applicant's or certificate holder's written demand.

Legislative History

As added by P.L.146-2015, SEC.27. Amended by P.L.226-2023, SEC.6.