Vermont § 4804 - License denial; nonrenewal; or termination causes

§ 4804. License denial; nonrenewal; or termination causes

• (a) The Commissioner may suspend, revoke, or refuse to continue or renew any license issued
  under this chapter if, after notice to the licensee and to the insurer represented,
  and opportunity for hearing, he or she finds as to the licensee any one or more of
  the following conditions: (1) Providing incorrect, misleading, incomplete, or materially untrue information in the
  license application; (2) Any cause for which issuance of the license could have been refused had it then existed
  and been known to the Commissioner at the time of issuance; (3) Violation of, or noncompliance with, any insurance laws, or for violation of any lawful
  rule, regulation, subpoena, or order of the Commissioner or of a commissioner of another
  state; (4) Obtaining or attempting to obtain any license through misrepresentation or fraud; (5) Improperly withholding, misappropriating, or converting to his or her own use any
  monies belonging to policyholders, insurers, beneficiaries or others received in the
  course of his or her insurance business; (6) Misrepresentation of the terms of any actual or proposed insurance contract; (7) Conviction of a felony or misdemeanor involving moral turpitude; (8) The licensee has committed any unfair trade practice or fraud as defined in this title.
  It shall be an unfair practice under this section for a licensee to: (A)(i) Sell, solicit, or negotiate the purchase of health insurance in this State through
  an advertisement that makes use directly or indirectly of any method of marketing
  that fails to disclose in a conspicuous manner that a purpose of the method of marketing
  is solicitation of insurance, and that contact will be made by an insurance agent
  or insurance company. (ii) Use an appointment that was made to discuss Medicare products or to solicit the sale
  of Medicare products to solicit sales of any other insurance products unless the consumer
  requests the solicitation, and the products to be discussed are clearly identified
  to the consumer in writing at least 48 hours in advance of the appointment. (iii) Solicit the sale of Medicare products door-to-door prior to receiving an invitation
  from a consumer. (B) As used in this subdivision, the term “Medicare products” includes Medicare Part A,
  Medicare Part B, Medicare Part C, Medicare Part D, and Medicare supplement plans; (9) In the conduct of his or her affairs, the licensee has used fraudulent, coercive,
  or dishonest practices or has shown himself or herself to be incompetent, untrustworthy,
  or financially irresponsible; (10) His or her license has been suspended or revoked in any other state, province, district,
  or territory; (11) The licensee has forged another’s name to an application for insurance or to any document
  related to an insurance transaction; (12) The applicant has been found to have been cheating on an examination for an insurance
  license; (13) Knowingly accepting insurance business from a person who is not licensed; (14) Failing to comply with an administrative or court order imposing a child support obligation;
  or (15) Failing to pay State income tax or comply with any administrative or court order directing
  payment of State income tax. (b) The license of a business entity may be suspended, revoked, or refused if the Commissioner
  finds, after notice and opportunity for a hearing, that an individual licensee’s violation
  was known or should have been known by one or more of the partners, officers, directors,
  or managers acting on behalf of the business entity, and the violation was neither
  reported to the Commissioner nor corrective action taken. (c) In the event that the action by the Commissioner is to not renew or to deny an application
  for a license, he or she shall notify the applicant or licensee and advise, in writing,
  the applicant or licensee of the reasons for the denial or nonrenewal of the applicant’s
  or licensee’s license. The applicant or licensee may make written demand upon the
  Commissioner within a reasonable time for a hearing before the Commissioner to determine
  the reasonableness of the Commissioner’s action. The hearing shall be held within
  30 days from the date of receipt of the written demand by the applicant and shall
  be held pursuant to 3 V.S.A. chapter 25. (d) In addition to or in lieu of any applicable denial, suspension, or revocation of a
  license, any person violating this subchapter may, after hearing, be subject to an
  administrative penalty of not less than $500.00 nor more than $2,500.00. (Amended 1973, No. 217 (Adj. Sess.), § 14; 1995, No. 167 (Adj. Sess.), § 20; 2001, No. 97 (Adj. Sess.), § 12; 2007, No. 80, § 22.)