Indiana § 27-1-27-7.1 - Violations; penalties; notice and hearing

§ 27-1-27-7.1. Violations; penalties; notice and hearing

Sec. 7.1. (a) The insurance commissioner:

(1) may:

(A) suspend;

(B) revoke; or

(C) refuse to issue or renew;

a public adjuster's certificate of authority; or

(2) may place a public adjuster on probation;

for a cause set forth in subsection (b).

(b) A public adjuster is subject to the penalties set forth in subsection (a) for any of the following:

(1) Providing incorrect, misleading, incomplete, or materially untrue information in an application for a certificate of authority.

(2) Violating an insurance law, a subpoena, or an order of the commissioner or another state's insurance commissioner.

(3) Obtaining or attempting to obtain a certificate of authority through misrepresentation or fraud.

(4) Improperly withholding, misappropriating, or converting money or property 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) Having admitted or been 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 insurance business.

(9) Having an insurance license, or the equivalent of an insurance license, probated, suspended, revoked, or refused in another state, province, district, or territory.

(10) Forging another person's name to a document related to an insurance transaction.

(11) Cheating, including improperly using notes or any other reference material, to complete an examination for an insurance license.

(12) Failing to comply with an administrative or court order imposing a child support obligation.

(13) Failing to pay state income tax or failing to comply with an administrative or court order directing payment of state income tax.

(14) Committing a violation of section 1.5, sections 12 through 17, section 19, or section 20 of this chapter.

(c) If the commissioner refuses an application for a certificate of authority to act as a public adjuster or for the renewal of an existing certificate of authority under this chapter, the commissioner shall notify the applicant or certificate holder in writing, advising of the reason for the refusal. The applicant or certificate holder may, not more than thirty (30) days after receiving the commissioner's notice of refusal, make written demand upon the commissioner for a hearing to determine the reasonableness of the refusal. The hearing must be held under IC 4-21.5 not more than twenty (20) days after the commissioner receives the applicant's or certificate holder's written demand.

As added by P.L.146-2015, SEC.27. Amended by P.L.226-2023, SEC.6.