Section 0780-01-55-.07 - GROUNDS FOR PLACING ON PROBATION, REFUSAL TO ISSUE OR RENEW, REVOCATION OR SUSPENSION OF REGISTRATION(1) The commissioner may refuse to issue a registration or, if after providing notice consistent with the process established by T.C.A. § 4-5-320(c) and providing the opportunity for a contested case hearing in accordance with the Uniform Administrative Procedures Act, compiled in Title 4, Chapter 5, to be conducted pursuant to the Rules of Procedure for Contested Cases of the Rules of the Secretary of State as compiled at Chapter 1360-04-01, the commissioner may place on probation, suspend, revoke, or refuse to renew or reinstate, a registration issued pursuant to this chapter, or may levy a fine not to exceed One Thousand dollars ($1000) for each violation, or any combination of actions, for any one or more of the following causes: (a) Providing incorrect, misleading, incomplete or materially untrue information in the registration application or any other report or filing submitted to the commissioner or Department;(b) Violating any law, rule, including this Chapter, regulation, subpoena or order of the commissioner or of another state's commissioner;(c) Obtaining or attempting to obtain a license or registration 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 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 producer license, navigator license or certified application counselor 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) Violating the unfair trade practices as enumerated in § 56-6-125 as if the individual were the insurance producer referenced in that statute.(l) Failing to maintain the certification or approval to be a navigator or certified application counselor, or having such approval terminated, by the Department of Health and Human Services, or the exchange.(2) The commissioner may examine and investigate the business affairs and records of any registrant, or any person required to be registered, to determine whether the individual or entity has engaged or is engaging in any violation of this chapter or applicable insurance law.(3) The registration of a business entity may be suspended, revoked or subject to a monetary penalty if the commissioner finds, after a hearing, that an individual registrant's violation was known or should have been known by one (1) or more of the partners, officers or managers acting on behalf of the entity and the violation was neither reported to the commissioner nor corrective action taken.Tenn. Comp. R. & Regs. 0780-01-55-.07
Original rule filed July 21, 1989; effective September 4, 1989. Repeal filed April 14, 2004; effective June 28, 2004. Emergency rule filed September 18, 2013; effective through September 18, 2013; effective through March 17, 2014. Emergency rule filed September 18, 2013 expired effective March 17, 2014; on March 18, 2014, the rule reverted to its previous status. New rule filed February 20, 2015; effective 5/21/2015.Authority: Tenn. Public Acts 2013, ch. 377, T.C.A. §§ 56-1-204, 56-2-301, 56-2-305, 56-6-112, and 56-6-1301 through 56-6-1305.