Title 33, Chapter 23, Section 101
( 33-23-101)
(a) No person shall act as or hold himself out to be an
administrator in this state, other than an adjuster licensed in this
state for the kinds of business for which he is acting as an
administrator, unless such person holds a license as an
administrator issued by the Commissioner. The license shall be
renewable for such term and in such manner as the Commissioner may
prescribe by rule or regulation. Failure to hold such license shall
subject the administrator to the fines and other appropriate
penalties as provided in Chapter 2 of this title. (b) An application for an administrator's license or an application
for renewal of such license shall be accompanied by a filing fee to
be prescribed by rule or regulation of the Commissioner. (c) A license may be refused or a license duly issued may be
suspended or revoked or the renewal of such license refused by the
Commissioner if, after notice and hearing as provided in subsection
(d) of this Code section, he finds that the applicant for or holder
of the license: (1) Has violated any provision of this title or of any other law
of this state relating to insurance as defined in this chapter or
relating to another type of insurance; (2) Has intentionally misrepresented or concealed any material
fact in the application for the license; (3) Has obtained or attempted to obtain the license by
misrepresentation, concealment, or other fraud; (4) Has misappropriated, converted to his own use, or illegally
withheld money belonging to an insurer or an insured or
beneficiary; (5) Has committed fraudulent or dishonest practices; (6) Has materially misrepresented the terms and conditions of
insurance policies or contracts; (7) Has failed to comply with or has violated any proper order,
rule, or regulation issued by the Commissioner; (8) Is not in good faith carrying on business as an administrator;
or (9) Has shown lack of trustworthiness or lack of competence to act
as an administrator. (d) Before any administrator's license shall be suspended or revoked
or the renewal of the license refused as prescribed under this Code
section, the Commissioner shall give notice of his intention to do
so, by registered or certified mail or statutory overnight delivery
to the applicant for or holder of the license; and the Commissioner
shall set a date not less than 20 days from the date of mailing the
notice when the applicant or licensee may appear to be heard and
produce evidence. In the conduct of the hearing, the Commissioner
or any deputy commissioner specially designated by him for that
purpose shall have power to administer oaths, to require the
appearance of and examine any person under oath, and to require the
production of books, records, or papers relevant to the inquiry upon
his own initiative or upon request of the applicant or licensee.
Upon the conclusion of the hearing, findings shall be reduced to
writing and, upon approval by the Commissioner, shall be filed in
his office and notice of the findings sent by registered or
certified mail or statutory overnight delivery to the applicant or
licensee. (e) No licensee whose license has been revoked as prescribed under
this Code section shall be entitled to file another application for
a license within two years from the effective date of the revocation
or, if judicial review of such revocation is sought, within two
years from the date of final court order or decree affirming the
revocation. The application when filed may be refused by the
Commissioner unless the applicant shows good cause why the
revocation of his license shall not be deemed a bar to the issuance
of a new license. (f) Any applicant whose application for an administrator's license
has been rejected for any reason enumerated in paragraphs (1)
through (9) of subsection (a) of this Code section, upon request
therefor in writing within ten days after notice of such rejection,
shall be entitled to a hearing as provided for by this Code section;
and the procedure set forth by this Code section shall apply to the
same. (g) Appeal from any order or decision of the Commissioner made
pursuant to this article shall be taken as provided in Chapter 2 of
this title. (h) The Commissioner may impose, by rule or regulation, additional
reasonable qualifications necessary to obtain a license as an
administrator. |