Old | New | Differences | |
---|---|---|---|
1 | - | WES MOORE, Governor Ch. 120 | |
2 | 1 | ||
3 | - | – 1 – | |
4 | - | Chapter 120 | |
5 | - | (Senate Bill 229) | |
6 | 2 | ||
7 | - | AN ACT concerning | |
3 | + | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | + | [Brackets] indicate matter deleted from existing law. | |
5 | + | Underlining indicates amendments to bill. | |
6 | + | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | + | amendment. | |
8 | + | *sb0229* | |
8 | 9 | ||
9 | - | Insurance – Penalties – Unauthorized Insurers, Insurance Producers, and | |
10 | - | Public Adjusters | |
10 | + | SENATE BILL 229 | |
11 | + | C4, J5 4lr0325 | |
12 | + | (PRE–FILED) CF HB 67 | |
13 | + | By: Chair, Finance Committee (By Request – Departmental – Maryland Insurance | |
14 | + | Administration) | |
15 | + | Requested: September 15, 2023 | |
16 | + | Introduced and read first time: January 10, 2024 | |
17 | + | Assigned to: Finance | |
18 | + | Committee Report: Favorable | |
19 | + | Senate action: Adopted | |
20 | + | Read second time: February 3, 2024 | |
11 | 21 | ||
12 | - | FOR the purpose of altering the maximum civil penalty to which an unauthorized insurer | |
13 | - | or person that violates certain provisions of State insurance law is subject for each | |
14 | - | violation; altering the maximum civil penalty that the Maryland Insurance | |
15 | - | Commissioner may impose, in addition to suspending or revoking the license, on the | |
16 | - | holder of an insurance producer license or a public adjuster licensee for each violation | |
17 | - | of State insurance law; and generally relating to penalties imposed under State | |
18 | - | insurance law. | |
22 | + | CHAPTER ______ | |
19 | 23 | ||
20 | - | BY repealing and reenacting, with amendments, | |
21 | - | Article – Insurance | |
22 | - | Section 4–212, 10–126, and 10–410 | |
23 | - | Annotated Code of Maryland | |
24 | - | (2017 Replacement Volume and 2023 Supplement) | |
24 | + | AN ACT concerning 1 | |
25 | 25 | ||
26 | - | ||
27 | - | ||
26 | + | Insurance – Penalties – Unauthorized Insurers, Insurance Producers, and 2 | |
27 | + | Public Adjusters 3 | |
28 | 28 | ||
29 | - | Article – Insurance | |
29 | + | FOR the purpose of altering the maximum civil penalty to which an unauthorized insurer 4 | |
30 | + | or person that violates certain provisions of State insurance law is subject for each 5 | |
31 | + | violation; altering the maximum civil penalty that the Maryland Insurance 6 | |
32 | + | Commissioner may impose, in addition to suspending or revoking the license, on the 7 | |
33 | + | holder of an insurance producer license or a public adjuster licensee for each violation 8 | |
34 | + | of State insurance law; and generally relating to penalties imposed under State 9 | |
35 | + | insurance law. 10 | |
30 | 36 | ||
31 | - | 4–212. | |
37 | + | BY repealing and reenacting, with amendments, 11 | |
38 | + | Article – Insurance 12 | |
39 | + | Section 4–212, 10–126, and 10–410 13 | |
40 | + | Annotated Code of Maryland 14 | |
41 | + | (2017 Replacement Volume and 2023 Supplement) 15 | |
32 | 42 | ||
33 | - | | |
34 | - | ||
43 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16 | |
44 | + | That the Laws of Maryland read as follows: 17 | |
35 | 45 | ||
36 | - | ||
46 | + | Article – Insurance 18 | |
37 | 47 | ||
38 | - | (a) The Commissioner may deny a license to an applicant under §§ 2–210 through | |
39 | - | 2–214 of this article, or suspend, revoke, or refuse to renew or reinstate a license after | |
40 | - | notice and opportunity for hearing under §§ 2–210 through 2–214 of this article if the | |
41 | - | applicant or holder of the license: | |
48 | + | 4–212. 19 2 SENATE BILL 229 | |
42 | 49 | ||
43 | - | (1) has willfully violated this article or another law of the State that relates | |
44 | - | to insurance; | |
45 | 50 | ||
46 | - | (2) has intentionally misrepresented or concealed a material fact in the | |
47 | - | application for a license; | |
48 | - | Ch. 120 2024 LAWS OF MARYLAND | |
49 | 51 | ||
50 | - | – 2 – | |
51 | - | (3) has obtained or attempted to obtain a license by misrepresentation, | |
52 | - | concealment, or other fraud; | |
52 | + | An unauthorized insurer or person that violates this subtitle is subject to a civil 1 | |
53 | + | penalty of not less than $100 but not exceeding [$50,000] $125,000 for each violation. 2 | |
53 | 54 | ||
54 | - | (4) has misappropriated, converted, or unlawfully withheld money | |
55 | - | belonging to an insurer, insurance producer, beneficiary, or insured; | |
55 | + | 10–126. 3 | |
56 | 56 | ||
57 | - | (5) has willfully and materially misrepresented the provisions of a policy; | |
57 | + | (a) The Commissioner may deny a license to an applicant under §§ 2–210 through 4 | |
58 | + | 2–214 of this article, or suspend, revoke, or refuse to renew or reinstate a license after 5 | |
59 | + | notice and opportunity for hearing under §§ 2–210 through 2–214 of this article if the 6 | |
60 | + | applicant or holder of the license: 7 | |
58 | 61 | ||
59 | - | ( | |
60 | - | ||
62 | + | (1) has willfully violated this article or another law of the State that relates 8 | |
63 | + | to insurance; 9 | |
61 | 64 | ||
62 | - | (7) has participated, with or without the knowledge of an insurer, in selling | |
63 | - | motor vehicle insurance without an actual intent to sell the insurance, as evidenced by a | |
64 | - | persistent pattern of filing certificates of insurance together with or closely followed by | |
65 | - | cancellation notices for the insurance; | |
65 | + | (2) has intentionally misrepresented or concealed a material fact in the 10 | |
66 | + | application for a license; 11 | |
66 | 67 | ||
67 | - | ( | |
68 | - | ||
68 | + | (3) has obtained or attempted to obtain a license by misrepresentation, 12 | |
69 | + | concealment, or other fraud; 13 | |
69 | 70 | ||
70 | - | ( | |
71 | - | ||
71 | + | (4) has misappropriated, converted, or unlawfully withheld money 14 | |
72 | + | belonging to an insurer, insurance producer, beneficiary, or insured; 15 | |
72 | 73 | ||
73 | - | ( | |
74 | + | (5) has willfully and materially misrepresented the provisions of a policy; 16 | |
74 | 75 | ||
75 | - | (11) has willfully failed to comply with or has willfully violated a proper | |
76 | - | order, subpoena, or regulation of the Commissioner or the insurance regulatory authority | |
77 | - | of another state; | |
76 | + | (6) has committed fraudulent or dishonest practices in the insurance 17 | |
77 | + | business; 18 | |
78 | 78 | ||
79 | - | (12) has failed or refused to pay over on demand money that belongs to an | |
80 | - | insurer, insurance producer, or other person entitled to the money; | |
79 | + | (7) has participated, with or without the knowledge of an insurer, in selling 19 | |
80 | + | motor vehicle insurance without an actual intent to sell the insurance, as evidenced by a 20 | |
81 | + | persistent pattern of filing certificates of insurance together with or closely followed by 21 | |
82 | + | cancellation notices for the insurance; 22 | |
81 | 83 | ||
82 | - | ( | |
83 | - | ||
84 | + | (8) has been convicted by final judgment in any state or federal court of a 23 | |
85 | + | felony or crime involving moral turpitude; 24 | |
84 | 86 | ||
85 | - | ( | |
86 | - | ||
87 | + | (9) has knowingly participated in writing or issuing substantial 25 | |
88 | + | over–insurance of property insurance risks; 26 | |
87 | 89 | ||
88 | - | (15) has been denied a license or certificate in another state or has had a | |
89 | - | license or certificate suspended or revoked in another state; | |
90 | + | (10) has failed an examination required by this subtitle; 27 | |
90 | 91 | ||
91 | - | (16) has intentionally or willfully made or issued, or caused to be made or | |
92 | - | issued, a statement that materially misrepresents or makes incomplete comparisons about | |
93 | - | the terms or conditions of a policy or contract issued by an authorized insurer, for the | |
94 | - | purpose of inducing or attempting to induce the owner of the policy or contract to forfeit or | |
95 | - | surrender it or allow it to lapse in order to replace it with another; | |
96 | - | WES MOORE, Governor Ch. 120 | |
92 | + | (11) has willfully failed to comply with or has willfully violated a proper 28 | |
93 | + | order, subpoena, or regulation of the Commissioner or the insurance regulatory authority 29 | |
94 | + | of another state; 30 | |
97 | 95 | ||
98 | - | – 3 – | |
99 | - | (17) has transacted insurance business that was directed to the applicant or | |
100 | - | holder for consideration by a person whose license or certificate to engage in the insurance | |
101 | - | business at the time was suspended or revoked, and the applicant or holder knew or should | |
102 | - | have known of the suspension or revocation; | |
96 | + | (12) has failed or refused to pay over on demand money that belongs to an 31 | |
97 | + | insurer, insurance producer, or other person entitled to the money; 32 SENATE BILL 229 3 | |
103 | 98 | ||
104 | - | (18) has solicited, procured, or negotiated insurance contracts for an | |
105 | - | unauthorized insurer, including contracts for nonprofit health service plans, dental plan | |
106 | - | organizations, and health maintenance organizations; | |
107 | 99 | ||
108 | - | (19) has knowingly employed or knowingly continued to employ an | |
109 | - | individual acting in a fiduciary capacity who has been convicted of a felony or crime of moral | |
110 | - | turpitude within the preceding 10 years; | |
111 | 100 | ||
112 | - | ( | |
113 | - | ||
101 | + | (13) has otherwise shown a lack of trustworthiness or competence to act as 1 | |
102 | + | an insurance producer; 2 | |
114 | 103 | ||
115 | - | ( | |
116 | - | an | |
104 | + | (14) is not or does not intend to carry on business in good faith and represent 3 | |
105 | + | to the public that the person is an insurance producer; 4 | |
117 | 106 | ||
118 | - | (22) has failed to pay income tax or related interest or penalty under: | |
107 | + | (15) has been denied a license or certificate in another state or has had a 5 | |
108 | + | license or certificate suspended or revoked in another state; 6 | |
119 | 109 | ||
120 | - | (i) an assessment under the Tax – General Article that is final and | |
121 | - | no longer subject to review by the tax court; or | |
110 | + | (16) has intentionally or willfully made or issued, or caused to be made or 7 | |
111 | + | issued, a statement that materially misrepresents or makes incomplete comparisons about 8 | |
112 | + | the terms or conditions of a policy or contract issued by an authorized insurer, for the 9 | |
113 | + | purpose of inducing or attempting to induce the owner of the policy or contract to forfeit or 10 | |
114 | + | surrender it or allow it to lapse in order to replace it with another; 11 | |
122 | 115 | ||
123 | - | (ii) an order of the tax court that is final and no longer subject to | |
124 | - | judicial review; or | |
116 | + | (17) has transacted insurance business that was directed to the applicant or 12 | |
117 | + | holder for consideration by a person whose license or certificate to engage in the insurance 13 | |
118 | + | business at the time was suspended or revoked, and the applicant or holder knew or should 14 | |
119 | + | have known of the suspension or revocation; 15 | |
125 | 120 | ||
126 | - | ( | |
127 | - | ||
128 | - | ||
121 | + | (18) has solicited, procured, or negotiated insurance contracts for an 16 | |
122 | + | unauthorized insurer, including contracts for nonprofit health service plans, dental plan 17 | |
123 | + | organizations, and health maintenance organizations; 18 | |
129 | 124 | ||
130 | - | (b) (1) The Commissioner may deny a license to an applicant business entity | |
131 | - | under §§ 2–210 through 2–214 of this article, or suspend, revoke, or refuse to renew or | |
132 | - | reinstate a license of a business entity after notice and opportunity for hearing under §§ | |
133 | - | 2–210 through 2–214 of this article, if an individual listed in paragraph (2) of this | |
134 | - | subsection has: | |
125 | + | (19) has knowingly employed or knowingly continued to employ an 19 | |
126 | + | individual acting in a fiduciary capacity who has been convicted of a felony or crime of moral 20 | |
127 | + | turpitude within the preceding 10 years; 21 | |
135 | 128 | ||
136 | - | (i) violated any provision of this subtitle; | |
129 | + | (20) has forged another’s name to an application for insurance or to any 22 | |
130 | + | document related to an insurance transaction; 23 | |
137 | 131 | ||
138 | - | ( | |
139 | - | ||
132 | + | (21) has improperly used notes or any other reference material to complete 24 | |
133 | + | an examination for a license; 25 | |
140 | 134 | ||
141 | - | (iii) had any professional license suspended or revoked for a | |
142 | - | fraudulent or dishonest practice. | |
135 | + | (22) has failed to pay income tax or related interest or penalty under: 26 | |
143 | 136 | ||
144 | - | (2) This subsection applies in any case that involves a business entity if the Ch. 120 2024 LAWS OF MARYLAND | |
137 | + | (i) an assessment under the Tax – General Article that is final and 27 | |
138 | + | no longer subject to review by the tax court; or 28 | |
145 | 139 | ||
146 | - | ||
147 | - | ||
140 | + | (ii) an order of the tax court that is final and no longer subject to 29 | |
141 | + | judicial review; or 30 | |
148 | 142 | ||
149 | - | (i) an insurance producer; | |
143 | + | (23) in providing information under § 10–118 of this subtitle regarding the 31 | |
144 | + | termination of an appointment with an insurer, has made an inaccurate statement with 32 | |
145 | + | actual malice. 33 | |
146 | + | 4 SENATE BILL 229 | |
150 | 147 | ||
151 | - | (ii) 1. in the case of a limited liability company, an officer, | |
152 | - | director, member, or manager; | |
153 | 148 | ||
154 | - | 2. in the case of a partnership, a partner; and | |
149 | + | (b) (1) The Commissioner may deny a license to an applicant business entity 1 | |
150 | + | under §§ 2–210 through 2–214 of this article, or suspend, revoke, or refuse to renew or 2 | |
151 | + | reinstate a license of a business entity after notice and opportunity for hearing under §§ 3 | |
152 | + | 2–210 through 2–214 of this article, if an individual listed in paragraph (2) of this 4 | |
153 | + | subsection has: 5 | |
155 | 154 | ||
156 | - | | |
155 | + | (i) violated any provision of this subtitle; 6 | |
157 | 156 | ||
158 | - | ( | |
159 | - | ||
157 | + | (ii) been convicted of a felony, a crime of moral turpitude, or any 7 | |
158 | + | criminal offense involving dishonesty or breach of trust; or 8 | |
160 | 159 | ||
161 | - | (c) Instead of or in addition to suspending or revoking the license, the | |
162 | - | Commissioner may impose on the holder of the license a penalty of not less than $100 but | |
163 | - | not exceeding [$500] $5,000 for each violation of this article. | |
160 | + | (iii) had any professional license suspended or revoked for a 9 | |
161 | + | fraudulent or dishonest practice. 10 | |
164 | 162 | ||
165 | - | (d) Instead of or in addition to suspending or revoking the license, the | |
166 | - | Commissioner may require that restitution be made to any citizen who has suffered | |
167 | - | financial injury because of the violation of this article. | |
163 | + | (2) This subsection applies in any case that involves a business entity if the 11 | |
164 | + | violation was committed by an individual who is: 12 | |
168 | 165 | ||
169 | - | (e) If the license is suspended under this section, the Commissioner may require | |
170 | - | the individual to pass an examination and file a new application before the suspension is | |
171 | - | lifted. | |
166 | + | (i) an insurance producer; 13 | |
172 | 167 | ||
173 | - | (f) (1) Within 30 days after the final disposition of the matter, an insurance | |
174 | - | producer shall report to the Commissioner any adverse administrative action taken against | |
175 | - | the insurance producer: | |
168 | + | (ii) 1. in the case of a limited liability company, an officer, 14 | |
169 | + | director, member, or manager; 15 | |
176 | 170 | ||
177 | - | | |
171 | + | 2. in the case of a partnership, a partner; and 16 | |
178 | 172 | ||
179 | - | | |
173 | + | 3. in the case of a corporation, a director, officer, or owner; or 17 | |
180 | 174 | ||
181 | - | ( | |
182 | - | ||
175 | + | (iii) an individual with direct control over the fiscal management of 18 | |
176 | + | the business entity. 19 | |
183 | 177 | ||
184 | - | (g) (1) (i) In this subsection, the term “charging document” means a | |
185 | - | written accusation alleging that a defendant has committed an offense. | |
178 | + | (c) Instead of or in addition to suspending or revoking the license, the 20 | |
179 | + | Commissioner may impose on the holder of the license a penalty of not less than $100 but 21 | |
180 | + | not exceeding [$500] $5,000 for each violation of this article. 22 | |
186 | 181 | ||
187 | - | (ii) In this subsection, the term “charging document” includes: | |
182 | + | (d) Instead of or in addition to suspending or revoking the license, the 23 | |
183 | + | Commissioner may require that restitution be made to any citizen who has suffered 24 | |
184 | + | financial injury because of the violation of this article. 25 | |
188 | 185 | ||
189 | - | 1. a citation; | |
186 | + | (e) If the license is suspended under this section, the Commissioner may require 26 | |
187 | + | the individual to pass an examination and file a new application before the suspension is 27 | |
188 | + | lifted. 28 | |
190 | 189 | ||
191 | - | 2. an indictment; | |
192 | - | WES MOORE, Governor Ch. 120 | |
190 | + | (f) (1) Within 30 days after the final disposition of the matter, an insurance 29 | |
191 | + | producer shall report to the Commissioner any adverse administrative action taken against 30 | |
192 | + | the insurance producer: 31 | |
193 | 193 | ||
194 | - | ||
195 | - | | |
194 | + | (i) in another jurisdiction; or 32 | |
195 | + | SENATE BILL 229 5 | |
196 | 196 | ||
197 | - | 4. a statement of charges. | |
198 | 197 | ||
199 | - | (2) This subsection does not apply to a misdemeanor violation of the | |
200 | - | Maryland Vehicle Law or the vehicle law of another jurisdiction. | |
198 | + | (ii) by another governmental unit in this State. 1 | |
201 | 199 | ||
202 | - | (3) If an insurance producer is prosecuted for a crime in any jurisdiction, | |
203 | - | the insurance producer shall report the prosecution to the Commissioner within 30 days | |
204 | - | after the insurance producer’s initial appearance before a court, including an appearance | |
205 | - | before: | |
200 | + | (2) The report shall include a copy of the order, consent order, and any 2 | |
201 | + | other relevant legal documents. 3 | |
206 | 202 | ||
207 | - | (i) a judicial officer of the District Court due to an arrest; | |
203 | + | (g) (1) (i) In this subsection, the term “charging document” means a 4 | |
204 | + | written accusation alleging that a defendant has committed an offense. 5 | |
208 | 205 | ||
209 | - | (ii) the | |
206 | + | (ii) In this subsection, the term “charging document” includes: 6 | |
210 | 207 | ||
211 | - | | |
208 | + | 1. a citation; 7 | |
212 | 209 | ||
213 | - | (iv) the circuit court in person or by written notice of counsel in | |
214 | - | response to a summons. | |
210 | + | 2. an indictment; 8 | |
215 | 211 | ||
216 | - | | |
212 | + | 3. an information; and 9 | |
217 | 213 | ||
218 | - | | |
214 | + | 4. a statement of charges. 10 | |
219 | 215 | ||
220 | - | (ii) any order issued by a court; and | |
216 | + | (2) This subsection does not apply to a misdemeanor violation of the 11 | |
217 | + | Maryland Vehicle Law or the vehicle law of another jurisdiction. 12 | |
221 | 218 | ||
222 | - | (iii) any other relevant legal documents. | |
219 | + | (3) If an insurance producer is prosecuted for a crime in any jurisdiction, 13 | |
220 | + | the insurance producer shall report the prosecution to the Commissioner within 30 days 14 | |
221 | + | after the insurance producer’s initial appearance before a court, including an appearance 15 | |
222 | + | before: 16 | |
223 | 223 | ||
224 | - | (h) An individual is subject to denial or suspension of a license under § 10–119.3 | |
225 | - | of the Family Law Article if the individual: | |
224 | + | (i) a judicial officer of the District Court due to an arrest; 17 | |
226 | 225 | ||
227 | - | (1) is in arrears in the payment of child support amounting to more than | |
228 | - | 120 days under the most recent order; or | |
226 | + | (ii) the District Court in response to a summons; 18 | |
229 | 227 | ||
230 | - | (2) has failed to comply with a subpoena issued by the Child Support | |
231 | - | Administration under § 10–108.6 of the Family Law Article. | |
228 | + | (iii) the circuit court due to execution of a warrant; or 19 | |
232 | 229 | ||
233 | - | 10–410. | |
230 | + | (iv) the circuit court in person or by written notice of counsel in 20 | |
231 | + | response to a summons. 21 | |
234 | 232 | ||
235 | - | (a) The Commissioner may deny a license to an applicant or suspend, revoke, or | |
236 | - | refuse to renew or reinstate a license after notice and opportunity for a hearing under §§ | |
237 | - | 2–210 through 2–214 of this article if the applicant or licensee: | |
233 | + | (4) The report shall include a copy of: 22 | |
238 | 234 | ||
239 | - | (1) has violated this article; | |
240 | - | Ch. 120 2024 LAWS OF MARYLAND | |
235 | + | (i) the charging document; 23 | |
241 | 236 | ||
242 | - | – 6 – | |
243 | - | (2) has made a material misstatement in the application for the license; | |
237 | + | (ii) any order issued by a court; and 24 | |
244 | 238 | ||
245 | - | ( | |
239 | + | (iii) any other relevant legal documents. 25 | |
246 | 240 | ||
247 | - | ( | |
248 | - | ||
241 | + | (h) An individual is subject to denial or suspension of a license under § 10–119.3 26 | |
242 | + | of the Family Law Article if the individual: 27 | |
249 | 243 | ||
250 | - | (5) has misappropriated, converted, or unlawfully withheld money that | |
251 | - | belongs to an insurer, insurance producer, insured, or other person; | |
244 | + | (1) is in arrears in the payment of child support amounting to more than 28 6 SENATE BILL 229 | |
252 | 245 | ||
253 | - | (6) has willfully and materially misrepresented the provisions of a policy; | |
254 | 246 | ||
255 | - | (7) has been convicted of a felony, a crime of moral turpitude, or any | |
256 | - | criminal offense involving dishonesty or breach of trust; | |
247 | + | 120 days under the most recent order; or 1 | |
257 | 248 | ||
258 | - | ( | |
259 | - | ||
249 | + | (2) has failed to comply with a subpoena issued by the Child Support 2 | |
250 | + | Administration under § 10–108.6 of the Family Law Article. 3 | |
260 | 251 | ||
261 | - | (9) has failed or refused to pay on demand money that belongs to an | |
262 | - | insurer, insurance producer, insured, or other person entitled to the money; | |
252 | + | 10–410. 4 | |
263 | 253 | ||
264 | - | (10) is not carrying on or does not intend to carry on business in good faith | |
265 | - | while representing to the public that the person is a public adjuster; | |
254 | + | (a) The Commissioner may deny a license to an applicant or suspend, revoke, or 5 | |
255 | + | refuse to renew or reinstate a license after notice and opportunity for a hearing under §§ 6 | |
256 | + | 2–210 through 2–214 of this article if the applicant or licensee: 7 | |
266 | 257 | ||
267 | - | (11) has been denied a license or has had a license suspended or revoked in | |
268 | - | another state; or | |
258 | + | (1) has violated this article; 8 | |
269 | 259 | ||
270 | - | (12) has knowingly employed or knowingly continued to employ an | |
271 | - | individual acting in a fiduciary capacity who has been convicted within the preceding 10 | |
272 | - | years of a felony or crime of moral turpitude. | |
260 | + | (2) has made a material misstatement in the application for the license; 9 | |
273 | 261 | ||
274 | - | (b) (1) The Commissioner may deny a license to a business entity applicant or | |
275 | - | suspend, revoke, or refuse to renew or reinstate the license of a business entity after notice | |
276 | - | and opportunity for a hearing under §§ 2–210 through 2–214 of this article, if an individual | |
277 | - | listed in paragraph (2) of this subsection: | |
262 | + | (3) has engaged in fraudulent or dishonest practices; 10 | |
278 | 263 | ||
279 | - | (i) violates any provision of this article; | |
264 | + | (4) has demonstrated incompetency or untrustworthiness to act as a public 11 | |
265 | + | adjuster; 12 | |
280 | 266 | ||
281 | - | ( | |
282 | - | ||
267 | + | (5) has misappropriated, converted, or unlawfully withheld money that 13 | |
268 | + | belongs to an insurer, insurance producer, insured, or other person; 14 | |
283 | 269 | ||
284 | - | (iii) has any professional license suspended or revoked for a | |
285 | - | fraudulent or dishonest practice. | |
270 | + | (6) has willfully and materially misrepresented the provisions of a policy; 15 | |
286 | 271 | ||
287 | - | ( | |
288 | - | ||
272 | + | (7) has been convicted of a felony, a crime of moral turpitude, or any 16 | |
273 | + | criminal offense involving dishonesty or breach of trust; 17 | |
289 | 274 | ||
290 | - | – 7 – | |
275 | + | (8) has willfully failed to comply with or has willfully violated a proper 18 | |
276 | + | order or regulation of the Commissioner; 19 | |
291 | 277 | ||
292 | - | (i) is a public adjuster employed by the business entity; | |
278 | + | (9) has failed or refused to pay on demand money that belongs to an 20 | |
279 | + | insurer, insurance producer, insured, or other person entitled to the money; 21 | |
293 | 280 | ||
294 | - | ( | |
295 | - | ||
281 | + | (10) is not carrying on or does not intend to carry on business in good faith 22 | |
282 | + | while representing to the public that the person is a public adjuster; 23 | |
296 | 283 | ||
297 | - | 2. in the case of a partnership, is a partner; and | |
284 | + | (11) has been denied a license or has had a license suspended or revoked in 24 | |
285 | + | another state; or 25 | |
298 | 286 | ||
299 | - | 3. in the case of a corporation, is a director, officer, or | |
300 | - | controlling owner; or | |
287 | + | (12) has knowingly employed or knowingly continued to employ an 26 | |
288 | + | individual acting in a fiduciary capacity who has been convicted within the preceding 10 27 | |
289 | + | years of a felony or crime of moral turpitude. 28 | |
301 | 290 | ||
302 | - | (iii) has direct control over the fiscal management of the business | |
303 | - | entity. | |
291 | + | (b) (1) The Commissioner may deny a license to a business entity applicant or 29 | |
292 | + | suspend, revoke, or refuse to renew or reinstate the license of a business entity after notice 30 | |
293 | + | and opportunity for a hearing under §§ 2–210 through 2–214 of this article, if an individual 31 SENATE BILL 229 7 | |
304 | 294 | ||
305 | - | (c) Instead of or in addition to suspending or revoking the license of a public | |
306 | - | adjuster, the Commissioner may impose on the licensee a penalty of not less than $100 but | |
307 | - | not exceeding [$500] $5,000 for each violation of this article. | |
308 | 295 | ||
309 | - | (d) Instead of or in addition to suspending or revoking the license, the | |
310 | - | Commissioner may require that restitution be made to any citizen who has suffered | |
311 | - | financial injury because of the violation of this article. | |
296 | + | listed in paragraph (2) of this subsection: 1 | |
312 | 297 | ||
313 | - | (e) If the license is suspended under this section, the Commissioner may require | |
314 | - | the individual to pass an examination and file a new application before the suspension is | |
315 | - | lifted. | |
298 | + | (i) violates any provision of this article; 2 | |
316 | 299 | ||
317 | - | | |
318 | - | ||
300 | + | (ii) is convicted of a felony, a crime of moral turpitude, or any 3 | |
301 | + | criminal offense involving dishonesty or breach of trust; or 4 | |
319 | 302 | ||
320 | - | Approved by the Governor, April 9, 2024. | |
303 | + | (iii) has any professional license suspended or revoked for a 5 | |
304 | + | fraudulent or dishonest practice. 6 | |
305 | + | ||
306 | + | (2) The sanctions provided for under this subsection may be imposed on a 7 | |
307 | + | business entity if the violation was committed by an individual who: 8 | |
308 | + | ||
309 | + | (i) is a public adjuster employed by the business entity; 9 | |
310 | + | ||
311 | + | (ii) 1. in the case of a limited liability company, is an officer, 10 | |
312 | + | director, member, or manager; 11 | |
313 | + | ||
314 | + | 2. in the case of a partnership, is a partner; and 12 | |
315 | + | ||
316 | + | 3. in the case of a corporation, is a director, officer, or 13 | |
317 | + | controlling owner; or 14 | |
318 | + | ||
319 | + | (iii) has direct control over the fiscal management of the business 15 | |
320 | + | entity. 16 | |
321 | + | ||
322 | + | (c) Instead of or in addition to suspending or revoking the license of a public 17 | |
323 | + | adjuster, the Commissioner may impose on the licensee a penalty of not less than $100 but 18 | |
324 | + | not exceeding [$500] $5,000 for each violation of this article. 19 | |
325 | + | ||
326 | + | (d) Instead of or in addition to suspending or revoking the license, the 20 | |
327 | + | Commissioner may require that restitution be made to any citizen who has suffered 21 | |
328 | + | financial injury because of the violation of this article. 22 | |
329 | + | ||
330 | + | (e) If the license is suspended under this section, the Commissioner may require 23 | |
331 | + | the individual to pass an examination and file a new application before the suspension is 24 | |
332 | + | lifted. 25 | |
333 | + | ||
334 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26 | |
335 | + | October 1, 2024. 27 |