reglab/housing_qa huggingface dataset:
SD Codified L § 58-30-167 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 30 - Insurance Producers|Section 58-30-167 - Causes for suspension, revocation, refusal to issue or renew license, or monetary penalty--Notice--Hearing--Final determination.

58-30-167. Causes for suspension, revocation, refusal to issue or renew license, or monetary penalty--Notice--Hearing--Final determination.The director may suspend for not more than twelve months, or may revoke or refuse to continue, any license issued under this chapter, or any license of a surplus lines broker after a hearing. Notice of such hearing and of the charges against the licensee shall be given to the licensee and to the insurers represented by such licensee or to the appointing agent of a producer at least twenty days before the hearing. The director may suspend, revoke, or refuse to issue or renew an insurance producer's license or may accept a monetary penalty in accordance with §58-4-28.1 or any combination thereof, for any one or more of the following causes:(1)Providing incorrect, misleading, incomplete, or materially untrue information in the license application;(2)Violating any insurance laws or rules, subpoena, or order of the director or of another state's insurance director, commissioner, or superintendent;(3)Obtaining or attempting to obtain a license through misrepresentation or fraud;(4)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)Having admitted or been found to have committed any insurance unfair trade practice or fraud;(8)Using fraudulent, coercive, or dishonest practices, or demonstrating incompetence, untrustworthiness, or financial irresponsibility in the conduct of business in this state 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)Using notes or any other reference material to complete an examination for an insurance license;(12)Knowingly accepting insurance business from an individual who sells, solicits, or negotiates insurance and is not licensed; or(13)Failing to comply with an administrative or court order imposing a child support obligation.At the conclusion of the matter, the director shall send a letter to the licensee, the insurers represented by such licensee, and the appointing agent of a producer, stating the final determination of the matter. Source: SL 2001, ch 286, §27; SL 2002, ch 240, §8; SL 2006, ch 263, §1.
SD Codified L § 58-30-167.1 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 30 - Insurance Producers|Section 58-30-167.1 - Termination of producer for receipt of hearing notice prohibited.

58-30-167.1. Termination of producer for receipt of hearing notice prohibited.No insurer may terminate the appointment of a producer based solely on the receipt of a notice of hearing pursuant to §58-30-167 involving that producer. Source: SL 2006, ch 263, §2.
SD Codified L § 58-30-168 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 30 - Insurance Producers|Section 58-30-168 - Written reasons for denial or nonrenewal required--Request for hearing--Notice of hearing.

58-30-168. Written reasons for denial or nonrenewal required--Request for hearing--Notice of hearing.If the director denies an application for a license or does not renew a license, the director shall notify the applicant or licensee and advise, in writing, the applicant or licensee of the reason for the denial or nonrenewal of the applicant's or licensee's license. The applicant or licensee may make a written request to the director within thirty days of the date of the nonrenewal or denial for a hearing to determine the reasonableness of the director's action. A notice of hearing shall be issued within thirty days of receipt of a written request. A hearing shall be held pursuant to chapter 1-26. This section does not apply to emergency suspensions pursuant to §1-26-29 or cease and desist orders in §58-4-7. Source: SL 2001, ch 286, §28.
SD Codified L § 58-30-169 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 30 - Insurance Producers|Section 58-30-169 - Unreported knowledge by partners, officers, or managers of violation as grounds for penalty.

58-30-169. Unreported knowledge by partners, officers, or managers of violation as grounds for penalty.The license of a business entity may be suspended, revoked, refused, or the director may accept a monetary penalty in accordance with §58-4-28.1, or any combination thereof, if the director finds, after hearing, that an individual licensee's violation was known or should have been known by one or more of the partners, officers, or managers acting on behalf of the partnership or corporation and the violation was neither reported to the director nor corrected. Source: SL 2001, ch 286, §29.
SD Codified L § 58-30-170 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 30 - Insurance Producers|Section 58-30-170 - Authority of director to impose penalty or remedy.

58-30-170. Authority of director to impose penalty or remedy.The director retains the authority to enforce the provisions of and impose any penalty or remedy authorized by §§58-30-141 to 58-30-195, inclusive, and Title 58 against any person who is under investigation for or charged with any violation of §§58-30-141 to 58-30-195, inclusive, or Title 58 even if the person's license or registration has been surrendered or has lapsed by operation of law. Source: SL 2001, ch 286, §30.
SD Codified L § 58-30-171 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 30 - Insurance Producers|Section 58-30-171 - Payment to unlicensed insurance producer prohibited.

58-30-171. Payment to unlicensed insurance producer prohibited.No insurer or insurance producer may pay a commission, service fee, brokerage, or other valuable consideration to a person for selling, soliciting, or negotiating insurance in this state if that person is required to be licensed under §§58-30-141 to 58-30-195, inclusive, and is not so licensed. Nothing in this section allows an insurer to pay commissions to a nonappointed insurance producer if an appointment is otherwise required. Source: SL 2001, ch 286, §31.
SD Codified L § 58-30-171.1 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 30 - Insurance Producers|Section 58-30-171.1 - Insurer may prohibit consultant fees.

58-30-171.1. Insurer may prohibit consultant fees.An insurer may by contract prohibit an insurance producer from collecting a fee from an insurance customer for services provided as a consultant. Source: SL 2013, ch 255, §3.
SD Codified L § 58-30-172 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 30 - Insurance Producers|Section 58-30-172 - Acceptance of payment by unlicensed insurance producer prohibited.

58-30-172. Acceptance of payment by unlicensed insurance producer prohibited.No person may accept a commission, service fee, brokerage, or other valuable consideration for selling, soliciting, or negotiating insurance in this state if that person is required to be licensed or appointed under §§58-30-141 to 58-30-195, inclusive, and is not so licensed or appointed. Source: SL 2001, ch 286, §32.
SD Codified L § 58-30-173 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 30 - Insurance Producers|Section 58-30-173 - Renewal or deferred commissions approved if license held at time of transaction.

58-30-173. Renewal or deferred commissions approved if license held at time of transaction.Renewal or other deferred commissions may be paid to a person for selling, soliciting, or negotiating insurance in this state if the person was required to be licensed under §§58-30-141 to 58-30-195, inclusive, at the time of the sale, solicitation, or negotiation and was so licensed at that time. Source: SL 2001, ch 286, §33.
SD Codified L § 58-30-174 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 30 - Insurance Producers|Section 58-30-174 - Payment, assignment, or sharing of commissions and fees--Limitations.

58-30-174. Payment, assignment, or sharing of commissions and fees--Limitations.No insurer or insurance producer may pay or assign a commission, service fee, brokerage fee, or any other valuable consideration for a referral to any person not appropriately licensed pursuant to this chapter unless the payment or assignment is a fixed dollar amount that is not related to the amount of commission or premium for an insurance transaction and that is not dependent upon whether the referral results in a transaction. Nothing in this chapter prohibits a licensed and appointed producer upon receiving a commission from sharing this compensation with other insurance producers if those insurance producers are licensed in the line of business for which the original commission was received. However, no insurance producer who is not appointed may act as an agent of an insurer. An insurer who pays a commission to an appointed insurance producer is not responsible for any act, statement, or omission made by an insurance producer who is not appointed, but who receives compensation from an appointed insurance producer. Source: SL 2001, ch 286, §34; SL 2004, ch 295, §2; SL 2005, ch 275, §1; SL 2015, ch 255, §1.
SD Codified L § 58-30-175 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 30 - Insurance Producers|Section 58-30-175 - Requirements for acting as agent of insurer.

58-30-175. Requirements for acting as agent of insurer.No insurance producer or business entity may act as an agent of an insurer unless the insurance producer becomes an appointed insurance producer of that insurer. An insurance producer who is not acting as an agent of an insurer is not required to become appointed. This section does not apply to property and casualty insurance producers who sell, solicit, or negotiate and place insurance with admitted insurers although the insurance producer is not appointed with the insurer if all insurance business placed by the unappointed insurance producer is through a licensed insurance producer who is appointed by the insurer involved in the transaction and if the coverage is not reasonably available through the insurance producer's existing appointed insurers for placements made as authorized by this section. The unappointed insurance producer may receive compensation from the insurer or a resident appointed insurance producer. Source: SL 2001, ch 286, §35; SL 2010, ch 241, §2.
SD Codified L § 58-30-176 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 30 - Insurance Producers|Section 58-30-176 - Appointment of insurance producer or business entity as agent of insurer--Submission of notice of appointment.

58-30-176. Appointment of insurance producer or business entity as agent of insurer--Submission of notice of appointment.To appoint an insurance producer or business entity as its agent, the appointing insurer shall file, in a format approved by the director, a notice of appointment within fifteen days from the date the agency contract is executed or the first insurance application is submitted. An insurer may also elect to appoint an insurance producer to all or some insurers within the insurer's holding company system or group by the filing of a single appointment request. The insurer is responsible for the acts of its representatives and insurance producers, including those acts where the insurance producer has solicited, sold, or negotiated insurance on behalf of that insurer prior to the date of appointment. Source: SL 2001, ch 286, §36.
SD Codified L § 58-30-177 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 30 - Insurance Producers|Section 58-30-177 - Verification of eligibility of insurance producer for appointment as agent of insurer.

58-30-177. Verification of eligibility of insurance producer for appointment as agent of insurer.Upon receipt of the notice of appointment, the director shall verify within a reasonable time, not to exceed thirty days, that the insurance producer is eligible for appointment. If the insurance producer is determined to be ineligible for appointment, the director shall notify the insurer within five days of its determination. Source: SL 2001, ch 286, §37.
SD Codified L § 58-30-178 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 30 - Insurance Producers|Section 58-30-178 - Appointment fee required.

58-30-178. Appointment fee required.An insurer shall pay an appointment fee in the amount as set forth in §58-2-29 in a manner prescribed by the director for each insurance producer appointed by the insurer. Source: SL 2001, ch 286, §38.
SD Codified L § 58-30-179 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 30 - Insurance Producers|Section 58-30-179 - Renewal appointment fee.

58-30-179. Renewal appointment fee.An insurer shall remit, in a manner prescribed by the director, a renewal appointment fee in the amount set forth in §58-2-29. Source: SL 2001, ch 286, §39.
SD Codified L § 58-30-180 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 30 - Insurance Producers|Section 58-30-180 - Termination of relationship between insurer and insurance producer.

58-30-180. Termination of relationship between insurer and insurance producer.An insurer or authorized representative of the insurer that terminates the appointment, employment, contract, or other insurance business relationship with an insurance producer shall notify the director within thirty days following the effective date of the termination, using a format prescribed by the director. In addition, an insurer or authorized representative of the insurer that terminates the appointment, employment, contract, or other insurance business relationship with a producer shall notify the director within thirty days following the effective date of the termination, using a format prescribed by the director, if a reason for termination is one of the reasons set forth in §58-30-167 or the insurer has knowledge the producer was found by a court, government body, or self-regulatory organization authorized by law to have engaged in any of the activities in §58-30-167. Upon the written request of the director, the insurer shall provide additional information, documents, records, or other data pertaining to the termination or activity of the insurance producer. Such information, documents, records, or other data are confidential pursuant to §58-30-187. Source: SL 2001, ch 286, §40; SL 2007, ch 291, §3; SL 2010, ch 233, §14.
SD Codified L § 58-30-181 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 30 - Insurance Producers|Section 58-30-181 - Prompt notification of additional information regarding termination of insurance producer.

58-30-181. Prompt notification of additional information regarding termination of insurance producer.The insurer or authorized representative of the insurer shall promptly notify the director in a written or electronic format if, upon further review or investigation, the insurer discovers additional information that would have been reportable to the director in accordance with §58-30-180 had the insurer then known of its existence. Source: SL 2001, ch 286, §41.
SD Codified L § 58-30-182 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 30 - Insurance Producers|Section 58-30-182 - Notification to insurance producer of termination by insurer.

58-30-182. Notification to insurance producer of termination by insurer.Within fifteen days after making the notification required by §§58-30-180 and 58-30-181, the insurer shall mail, or if acceptable, send by electronic means, a copy of the notification to the insurance producer at the insurance producer's last known address. If the insurance producer is terminated for any of the reasons listed in §58-30-167, the insurer shall provide a copy of the notification to the insurance producer at the insurance producer's last known address by certified mail, return receipt requested and postage prepaid, by overnight delivery using a nationally recognized carrier, or if acceptable, by electronic means. Source: SL 2001, ch 286, §42.
SD Codified L § 58-30-183 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 30 - Insurance Producers|Section 58-30-183 - Submission of written comments by insurance producer regarding termination.

58-30-183. Submission of written comments by insurance producer regarding termination.Within thirty days after the insurance producer has received the original or additional notification, the insurance producer may file written comments concerning the substance of the notification with the director. The insurance producer shall simultaneously send a copy of the comments to the reporting insurer, and the comments shall become a part of the director's file and accompany every copy of a report distributed or disclosed for any reason about the insurance producer as permitted under §58-30-187. Source: SL 2001, ch 286, §43.
SD Codified L § 58-30-184 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 30 - Insurance Producers|Section 58-30-184 - Liability for information relating to termination.

58-30-184. Liability for information relating to termination.In the absence of actual malice, an insurer, the authorized representative of the insurer, an insurance producer, the director, or an organization of which the director is a member that compiles the information and makes it available to other insurance directors, commissioners, or superintendents, or regulatory or law enforcement agencies, is not subject to civil liability, and no civil cause of action of any nature may arise against these entities or their respective agents or employees, as a result of any statement or information required by or provided pursuant to §§58-30-180 to 58-30-193, inclusive, or any information relating to any statement that may be requested in writing by the director, from an insurer or insurance producer; or any statement by a terminating insurer or insurance producer to an insurer or insurance producer limited solely and exclusively to whether a termination for cause under §58-30-180 was reported to the director, if the propriety of any termination for cause under §58-30-180 is certified in writing by an officer or authorized representative of the insurer or insurance producer terminating the relationship. Source: SL 2001, ch 286, §44.
SD Codified L § 58-30-185 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 30 - Insurance Producers|Section 58-30-185 - Pleadings in action brought against provider of information regarding termination of insurance producer.

58-30-185. Pleadings in action brought against provider of information regarding termination of insurance producer.In any action brought against a person that may have immunity under §58-30-184 for making any statement required by §§58-30-180 to 58-30-193, inclusive, providing any information relating to any statement that may be requested by the director, the party bringing the action shall plead specifically in any allegation that §58-30-184 does not apply because the person making the statement or providing the information did so with actual malice. Source: SL 2001, ch 286, §45.
SD Codified L § 58-30-186 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 30 - Insurance Producers|Section 58-30-186 - Application of common law to action regarding insurance producer's termination.

58-30-186. Application of common law to action regarding insurance producer's termination.The provisions of §§58-30-184 and 58-30-185 do not abrogate or modify any existing statutory or common law privileges or immunities. Source: SL 2001, ch 286, §46.
SD Codified L § 58-30-187 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 30 - Insurance Producers|Section 58-30-187 - Confidentiality of information gathered in termination investigation.

58-30-187. Confidentiality of information gathered in termination investigation.Any documents, materials, or other information in the control or possession of the Division of Insurance that is furnished by the insurer, insurance producer, or an employee or agent thereof acting on behalf of the insurer or insurance producer, or obtained by the director in an investigation pursuant to §§58-30-180 to 58-30-193, inclusive, are confidential by law and privileged, are not subject to open records, freedom of information, sunshine, or other related laws, are not subject to subpoena, and are not subject to discovery or admissible in evidence in any private civil action. The director is authorized to use the documents, materials, or other information in the furtherance of any regulatory function or legal action brought as a part of the director's duties. Source: SL 2001, ch 286, §47.
SD Codified L § 58-30-188 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 30 - Insurance Producers|Section 58-30-188 - Testimony in private civil action prohibited.

58-30-188. Testimony in private civil action prohibited.Neither the director nor any person who received documents, materials, or other information while acting under the authority of the director may testify in any private civil action concerning any confidential documents, materials, or information subject to §58-30-187. Source: SL 2001, ch 286, §48.
SD Codified L § 58-30-189 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 30 - Insurance Producers|Section 58-30-189 - Director's duties in regard to confidential and privileged documents.

58-30-189. Director's duties in regard to confidential and privileged documents.In order to assist in the performance of the director's duties under §§58-30-141 to 58-30-195, inclusive, the director may:(1)Share documents, materials, or other information, including the confidential and privileged documents, materials, or information subject to §58-30-187, with other state, federal, and international regulatory agencies, with the National Association of Insurance Commissioners, its affiliates, or subsidiaries, and with state, federal, and international law enforcement authorities, if the recipient agrees to maintain the confidentiality and privileged status of the document, material, or other information;(2)Receive documents, materials, or information, including otherwise confidential and privileged documents, materials, or information from the National Association of Insurance Commissioners, its affiliates, or subsidiaries and from regulatory and law enforcement officials of other foreign or domestic jurisdictions, and shall maintain as confidential or privileged any document, material, or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or information; and(3)Enter into agreements governing sharing and use of information consistent with this section. Source: SL 2001, ch 286, §49.
SD Codified L § 58-30-190 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 30 - Insurance Producers|Section 58-30-190 - Waiver of privilege or claim of confidentiality.

58-30-190. Waiver of privilege or claim of confidentiality. No waiver of any applicable privilege or claim of confidentiality in the documents, materials, or information occurs as a result of disclosure to the director under §§ 58-30-180 to 58-30-192, inclusive, or as a result of sharing as authorized in §58-30-187. Source: SL 2001, ch 286, §50; SL 2021, ch 210, § 20.