§ 27-10-3-8 — Denial, suspension, or revocation of licenses; refusal to renew

Indiana § 27-10-3-8

• Jurisdiction: Indiana
• Title 27: INSURANCE
• Art. 10: INDIANA BAIL LAW
• Ch. 3: Licensure and Registration

Text

(a) The commissioner shall deny, suspend,
revoke, or refuse to renew any license issued under this article for any
of the following causes:
(1) Any cause for which issuance of the license could have been
refused had it then existed and been known to the commissioner.
(2) Violation of any laws of this state in the course of dealings
under any license issued the licensee by the commissioner.
(3) Material misstatement, misrepresentation, or fraud in
obtaining the license.
(4) Misappropriation, conversion, or unlawful withholding of
money belonging to insurers or others and received in the conduct
of business under any license issued to the licensee by the
commissioner.
(5) Fraudulent or dishonest practices in the conduct of business
under any license issued to the licensee by the commissioner.
(6) Willful failure to comply with or willful violation of any
proper order or rule of the commissioner.
(7) When, in the judgment of the commissioner, the licensee has,
in the conduct of affairs under the license, demonstrated:
(A) incompetency or untrustworthiness;
(B) conduct or practices rendering the licensee unfit to carry on
the bail bond business or making the licensee's continuance in
such business detrimental to the public interest;
(C) that the licensee is no longer in good faith carrying on the
bail bond business; or
(D) that the licensee is guilty of rebating, or offering to rebate,
or unlawfully dividing, or offering to divide, the licensee's
commissions in the case of limited surety agents;
and for such reasons is found by the commissioner to be a source
of detriment, injury, or loss to the public.
(8) The listing of the name of the applicant or licensee on the
most recent tax warrant list supplied to the commissioner by the
department of state revenue.
(b) The commissioner shall refuse to:
(1) issue a license; or
(2) renew a license issued;
under this chapter to a person who is the subject of an order issued by
a court under IC 31-16-12-10 (or IC 31-1-11.5-13(m), IC 31-6-6.1-16(m), or IC 31-14-12-7 before their repeal).
(c) The commissioner may also levy a civil penalty of not more than
ten thousand dollars ($10,000) for any of the causes listed in subsection
(a). Any civil penalty levied under this subsection may be enforced in
the same manner as a civil judgment.
(d) When a person who holds a license under this chapter enters a
plea of guilty to a disqualifying offense, the commissioner, immediately
upon the court's acceptance of the plea, shall revoke the person's
license. The commissioner shall revoke the license of any person who
is convicted of a disqualifying offense immediately upon conviction.
The pending of sentencing or the pending of an appeal of a conviction
of a disqualifying offense does not stay the revocation of a license
under this subsection. A person convicted of a felony is not eligible to
reapply for a license until ten (10) years from the date of conviction or
release from imprisonment, parole, or probation, whichever is later. A
person convicted of a misdemeanor disqualifying offense is not eligible
to reapply for a license until five (5) years from the date of conviction
or release from imprisonment, parole, or probation, whichever is later.

Legislative History

As added by P.L.261-1985, SEC.1. Amended by P.L.29-1987, SEC.5; P.L.185-1996, SEC.16; P.L.23-1996, SEC.28; P.L.1-1997, SEC.114; P.L.207-2013, SEC.14.