Title 36, Chapter 85, Section 12
( 36-85-12)
(a) The Commissioner may revoke, suspend, or refuse to issue or
renew the certificate of authority of any agency when and if, after
investigation, he finds that: (1) Any certificate of authority issued to the agency was obtained
by fraud; (2) There was any material misrepresentation in the application
for the certificate of authority; (3) The agency, any fund established by the agency, the
administrator of a fund, or any marketing representative has
otherwise shown itself to be untrustworthy or incompetent; (4) The agency, any fund established by the agency, the
administrator of a fund, or any marketing representative has
violated any of the provisions of this chapter or the rules and
regulations of the Commissioner promulgated pursuant to this
chapter; (5) The agency, any fund established by the agency, or the
administrator of a fund has misappropriated, converted, illegally
withheld, or refused to pay over upon proper demand any moneys
which belong to a member or a person otherwise entitled thereto
and which have been entrusted to the agency, fund, or
administrator in its fiduciary capacities; or (6) The agency or any fund established by the agency 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. (b) Before the Commissioner shall revoke, suspend, or refuse to
issue or renew the certificate of authority of any agency, he shall
give the agency 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 agency for any
of the causes enumerated in this Code section, after hearing as
provided in this Code section, the Commissioner may place the fund
and its administrator on probation for a period of time not to
exceed one year when, in his judgment, he finds that the public
interest and the interests of the fund's members would not be harmed
by the continued operation of the fund. At any hearing provided for
by this Code section, the Commissioner or his designee 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. |