Section 27-1-15.6-12 - Penalties(a) For purposes of this section, "permanently revoke" means that:(1) the producer's license shall never be reinstated; and(2) the former licensee, after the license revocation, is not eligible to submit an application for a license to the department.(b) The commissioner may reprimand, levy a civil penalty, place an insurance producer on probation, suspend an insurance producer's license, revoke an insurance producer's license for a period of years, permanently revoke an insurance producer's license, or refuse to issue or renew an insurance producer license, or take any combination of these actions, for any of the following causes: (1) Providing incorrect, misleading, incomplete, or materially untrue information in a license application.(2) Violating: (C) a subpoena of an insurance commissioner; or(D) an order of an insurance commissioner; of Indiana or of another state.
(3) Obtaining or attempting to obtain a license through misrepresentation or fraud.(4) Improperly withholding, misappropriating, or converting any monies or properties received in the course of doing insurance business.(5) Intentionally misrepresenting the terms of an actual or proposed insurance contract or application for insurance.(6) Having been convicted of a felony.(7) Admitting to having committed or being found to have committed any unfair trade practice or fraud in the business of insurance.(8) Using fraudulent, coercive, or dishonest practices, or demonstrating incompetence, untrustworthiness, or financial irresponsibility in the conduct of business in Indiana or elsewhere.(9) Having an insurance producer license, or its equivalent, denied, suspended, or revoked in any other state, province, district, or territory.(10) Forging another's name to an application for insurance or to any document related to an insurance transaction.(11) Improperly using notes or any other reference material to complete an examination for an insurance license.(12) Knowingly accepting insurance business from an individual who is not licensed.(13) Failing to comply with an administrative or court order imposing a child support obligation.(14) Failing to pay state income tax or to comply with any administrative or court order directing payment of state income tax.(15) Failing to satisfy the continuing education requirements established by IC 27-1-15.7.(16) Violating section 31 of this chapter.(17) Failing to timely inform the commissioner of a change in legal name or address, in violation of section 7(h) of this chapter.(c) The commissioner shall refuse to: (2) renew a license issued; under this chapter to any person who is the subject of an order issued by a court under IC 31-16-12-10 (or IC 31-1-11.5-13(m), IC 31-6-6.1-16(m), or IC 31-14-12-7 before their repeal).
(d) If the commissioner refuses to renew a license or denies an application for a license, the commissioner shall notify the applicant or licensee and advise the applicant or licensee, in a writing sent through regular first class mail, of the reason for the denial of the applicant's application or the nonrenewal of the licensee's license. The applicant or licensee may, not more than sixty-three (63) days after notice of denial of the applicant's application or nonrenewal of the licensee's license is mailed, make written demand to the commissioner for a hearing before the commissioner to determine the reasonableness of the commissioner's action. The hearing shall be held not more than thirty (30) days after the applicant or licensee makes the written demand, and shall be conducted under IC 4-21.5.(e) The license of a business entity may be suspended, revoked, or refused if the commissioner finds, after hearing, that a violation of an individual licensee acting on behalf of the partnership or corporation was known or should have been known by one (1) or more of the partners, officers, or managers of the partnership or corporation and:(1) the violation was not reported to the commissioner; and(2) no corrective action was taken.(f) In addition to or in lieu of any applicable denial, suspension, or revocation of a license under subsection (b), a person may, after a hearing, be subject to the imposition by the commissioner under subsection (b) of a civil penalty of not less than fifty dollars ($50) and not more than ten thousand dollars ($10,000). A penalty imposed under this subsection may be enforced in the same manner as a civil judgement.(g) A licensed insurance producer or limited lines producer shall, not more than ten (10) days after the producer receives a request in a registered or certified letter from the commissioner, furnish the commissioner with a full and complete report listing each insurer with which the licensee has held an appointment during the year preceding the request.(h) If a licensee fails to provide the report requested under subsection (g) not more than ten (10) days after the licensee receives the request, the commissioner may, in the commissioner's sole discretion, without a hearing, and in addition to any other sanctions allowed by law, suspend any insurance license held by the licensee pending receipt of the appointment report.(i) The commissioner shall promptly notify all appointing insurers and the licensee regarding any suspension, revocation, or termination of a license by the commissioner under this section.(j) The commissioner may not grant, renew, continue, or permit to continue any license if the commissioner finds that the license is being used or will be used by the applicant or licensee for the purpose of writing controlled business. As used in this subsection, "controlled business" means:(1) insurance written on the interests of:(A) the applicant or licensee;(B) the applicant's or licensee's immediate family; or(C) the applicant's or licensee's employer; or(2) insurance covering: (A) the applicant or licensee;(B) members of the applicant's or licensee's immediate family; or(C) either: (i) a corporation, limited liability company, association, or partnership; or(ii) the officers, directors, substantial stockholders, partners, members, managers, employees of such a corporation, limited liability company, association, or partnership; of which the applicant or licensee or a member of the applicant's or licensee's immediate family is an officer, director, substantial stockholder, partner, member, manager, associate, or employee.
However, this section does not apply to insurance written or interests insured in connection with or arising out of credit transactions. A license is considered to have been used or intended to be used for the purpose of writing controlled business if the commissioner finds that during any twelve (12) month period the aggregate commissions earned from the controlled business exceeded twenty-five percent (25%) of the aggregate commission earned on all business written by the applicant or licensee during the same period.
(k) The commissioner has the authority to: (1) enforce the provisions of; and(2) impose any penalty or remedy authorized by; this chapter or any other provision of this title against any person who is under investigation for or charged with a violation of this chapter or any other provision of this title, even if the person's license or registration has been surrendered or has lapsed by operation of law.
(l) For purposes of this section, the violation of any provision of IC 28 concerning the sale of a life insurance policy or an annuity contract shall be considered a violation described in subsection (b)(2).(m) The commissioner may order a licensee to make restitution if the commissioner finds that the licensee has committed a violation described in: (3) subsection (b)(8); or(n) The commissioner shall notify the securities commissioner appointed under IC 23-19-6-1(a) when an administrative action or civil proceeding is filed under this section and when an order is issued under this section denying, suspending, or revoking a license.Amended by P.L. 207-2013, SEC. 12, eff. 5/9/2013.Amended by P.L. 11-2011, SEC. 11, eff. 7/1/2011.As added by P.L. 132-2001, SEC.3. Amended by P.L. 182-2001, SEC.2; P.L. 27-2007, SEC.26.