Section 402-D:10 License Denial, Nonrenewal, or Revocation.
I. The commissioner may place on probation, suspend, revoke, or refuse to issue or renew a public adjuster's license or may impose an administrative fine in the amount of $2,500 per violation, or impose any combination of actions, after notice and hearing, for any one or more of the following causes:
(a) Providing incorrect, misleading, incomplete, or materially untrue information in the license application.
(b) Violating any insurance laws, or violating any rule, subpoena, or order of the commissioner or of another state's insurance commissioner.
(c) Obtaining or attempting to obtain a license through misrepresentation or fraud.
(d) Improperly withholding, misappropriating, or converting any moneys or properties received in the course of doing insurance business.
(e) Intentionally misrepresenting the terms of an actual or proposed insurance contract or application for insurance.
(f) Having been convicted of a felony.
(g) Having admitted or been found to have committed any insurance unfair trade practice or insurance fraud.
(h) Using fraudulent, coercive, or dishonest practices; or demonstrating incompetence, untrustworthiness, or financial irresponsibility in the conduct of business in this state or elsewhere.
(i) Having an insurance license, or its equivalent, denied, suspended, or revoked in any other state, province, district, or territory.
(j) Forging another's name to an application for insurance or to any document related to an insurance transaction.
(k) Cheating, including improperly using notes or any other reference material, to complete an examination for an insurance license.
(l) Knowingly accepting insurance business from a person who is not licensed but who is required to be licensed by the commissioner.
(m) Failing to comply with an administrative or court order imposing a child support obligation.
(n) Paying a commission, service fee, brokerage, or other valuable consideration to a person for investigating or settling claims in this state if that person is required to be licensed under this chapter and is not so licensed.
(o) Failing to maintain evidence of financial responsibility as required by RSA 402-D:11.
II. A public adjuster may pay or assign commission, service fees, brokerages, or other valuable consideration to persons who do not investigate or settle claims in this state, unless the payment would violate the provisions of RSA 417. A person shall not accept a commission, service fee, brokerage, or other valuable consideration for investigating or settling claims in this state if that person is required to be licensed under this chapter and is not so licensed.
III. In the event that the action by the commissioner is to deny an application for or nonrenew a license, the commissioner shall notify the applicant or licensee and advise, in writing, the applicant or licensee of the reason for the non-renewal or denial of the applicant's or licensee's license. The applicant or licensee may make written demand upon the commissioner pursuant to RSA 400-A:17 for a hearing before the commissioner to determine the reasonableness of the commissioner's action. The hearing shall be held pursuant to the provisions of RSA 400-A:17.
IV. The commissioner shall retain the authority to enforce the provisions of and impose any penalty or remedy authorized by this chapter and title XXXVII against any person who is under investigation for or charged with a violation of this chapter or title XXXVII even if the person's license or registration has been surrendered or has lapsed by operation of law.
Source. 2006, 9:1, eff. May 2, 2006.