Title 34, Chapter 9, Section 169
( 34-9-169)
(a) The Commissioner may revoke, suspend, or refuse to issue or
renew the certificate of authority of any fund when and if, after
investigation, he finds that: (1) Any certificate of authority issued to the fund was obtained
by fraud; (2) There was any material misrepresentation in the application
for the certificate of authority; (3) The fund or its administrators have otherwise shown themselves
to be untrustworthy or incompetent; (4) Such fund or its administrator has violated any of the
provisions of this article or the rules and regulations of the
Commissioner promulgated pursuant to this article; (5) The fund or its administrator has misappropriated, converted,
illegally withheld, or refused to pay over upon proper demand any
moneys which belong to a member, an employee of a member, or a
person otherwise entitled thereto and which have been entrusted to
the fund or its administrator in its fiduciary capacities; or (6) The fund is found to be in an unsound condition or in such
condition as to render its future transaction of business in this
state hazardous to its members and their employees. (b) Before the Commissioner shall revoke, suspend, or refuse to
issue or renew the certificate of authority of any fund, he shall
give the fund an opportunity to be fully heard and to introduce
evidence in its behalf. In lieu of revoking, suspending, or
refusing to issue or renew the certificate of authority of any fund
for any of the causes enumerated in this Code section, after hearing
as herein provided, the Commissioner may place the fund and its
administrator on probation for a period of time not to exceed one
year, may fine the fund not more than $1,000.00 for each offense, or
both, when, in his judgment, he finds that the public interest and
the interests of the fund's members and their employees would not be
harmed by the continued operation of the fund. The amount of any
such penalty shall be paid by the fund to the Commissioner for the
use of the state. At any hearing provided for by this Code section,
the Commissioner shall have authority to administer oaths to
witnesses. Any witness testifying falsely after taking an oath
commits the offense of perjury. (c) No fund shall be voluntarily dissolved or otherwise voluntarily
cease to function unless: (1) Written approval is first obtained from the Commissioner; and (2) The Commissioner determines that all claims and other legal
obligations of the fund have been paid or that adequate provisions
for such payment have been made. |