Section 0780-01-90-.11 - GROUNDS FOR PROBATION, SUSPENSION, REVOCATION, REFUSAL TO ISSUE AND REFUSAL TO RENEW A LICENSE(1) The commissioner may place on probation, suspend, revoke or refuse to issue or renew a multi-peril crop insurance adjuster's license, or may levy a civil penalty in accordance with T.C.A. § 56-2-305, or any combination of actions, for any one (1) or more of the following causes: (a) Providing materially incorrect, misleading, incomplete, or untrue information in the license application or renewal application;(b) Violating any laws administered by the commissioner, or violating lawful regulations, or final orders of the commissioner or of another state's commissioner;(c) Obtaining or attempting to obtain a license through misrepresentation or fraud;(d) Improperly withholding, misappropriating, or converting to the licensee's own use any moneys or properties received in the course of conducting business under this license;(e) Intentionally misrepresenting the terms of an actual or proposed insurance contract or application for insurance;(f) Having been convicted of a felony or any other offense involving dishonesty, fraud, deceit or misrepresentation, in a final decision of a court of competent jurisdiction;(g) Having committed any insurance unfair trade practice or insurance fraud prohibited under chapters 8 and 53 of this title;(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, public adjuster license or crop insurance adjuster license, or its equivalent, suspended or revoked in this or 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 on an examination for an insurance license;(l) Knowingly accepting insurance business from an individual who is not licensed by the commissioner but who is required to be so licensed;(m) Allowing a person not licensed under T.C.A. § 56-6-1001et seq. and this Chapter to perform actions requiring licensure under T.C.A. § 56-6-1001et seq. and this Chapter; or,(n) Any other grounds or violations permissible by statute.(2) Any action by the commissioner to put on probation, suspend, revoke or deny the renewal of a license pursuant to this Chapter shall be governed by the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.(3) In the event that the action of the commissioner is to deny an application for a license, the commissioner shall notify the applicant and advise the applicant, in writing, of the denial of the applicant's application within thirty (30) days of such denial.(4) The commissioner shall retain the authority to enforce this Chapter and T.C.A. § 56-6-1001et seq. and impose any penalty or remedy authorized by this Chapter or T.C.A. § 56-6-1001et seq., or any other provision of Title 56 against any person who is under investigation for or charged with a violation of this Rule, even if the person's license or registration has been surrendered or has lapsed by operation of law.(5) The commissioner may serve a notice or order in any action arising under this Chapter or T.C.A. § 56-6-1001et seq. by registered or certified mail to the multi-peril crop insurance adjuster or applicant at the address of record on file with the commissioner. The multi-peril crop insurance adjuster or applicant shall be deemed to have designated such address and such manner of service as sufficient for reasonable notice of proceedings under this Chapter and T.C.A. § 56-6-1001et seq.Tenn. Comp. R. & Regs. 0780-01-90-.11
Emergency rule filed January 29, 2010; effective through July 28, 2010. Emergency rule filed January 29 expired effective July 29, 2010; rule reverted to its reserved status. Original rule filed June 16, 2010; effective September 14, 2010.Authority: 2009 Public Acts, Chapter 476, Tenn. Code Ann. §§ 4-5-308, 56-2-301, 56-2-305, 56-6-1001 et seq., Title 4, Chapter 5, Title 56, Chapters 8 and 53.