Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 17 - INSURANCE AGENTS, SOLICITORS, OR ADJUSTERS (§§ 83-17-1 — 83-17-527) › Article 2 - LICENSING OF INSURANCE PRODUCERS (§§ 83-17-51 — 83-17-89) › Section 83-17-71 - Violations; penalties; judicial review; funding of agency expenses; deposit of monies into State General Fund

(1)
The commissioner may place on probation, suspend, revoke or refuse to issue or renew an insurance producer's license or may levy a civil penalty in an amount not to exceed One Thousand Dollars ($1,000.00) per violation and such penalty shall be deposited into the special fund of the State Treasury designated as the "Insurance Department Fund" for any one or more of the following causes:
(a)
Providing incorrect, misleading, incomplete or materially untrue information in the license application;
(b)
Violating any insurance laws, or violating any regulation, subpoena or order 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 any monies 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, 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)
Improperly using notes or any other reference material to complete an examination for an insurance license;
(l)
Knowingly accepting insurance business from an individual who is not licensed;
(m)
Failing to comply with an administrative or court order imposing a child support obligation; or
(n)
Failing to pay state income tax or comply with any administrative or court order directing payment of state income tax.
(2)
If the action by the commissioner is to nonrenew or to deny an application for a license, the commissioner 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 written demand upon the commissioner within ten (10) days for a hearing before the commissioner to determine the reasonableness of the commissioner's action. The hearing shall be held within thirty (30) days.
(3)
The license of a business entity may be suspended, revoked or refused if the commissioner 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 commissioner nor corrective action taken.
(4)
In addition to, or in lieu of, any applicable denial, suspension or revocation of a license, a person may, after hearing, be subject to a civil fine not to exceed One Thousand Dollars ($1,000.00) per violation and such fine shall be deposited into the special fund in the State Treasury designated as the "Insurance Department Fund."
(5)
The commissioner shall retain the authority to enforce the provisions of and impose any penalty or remedy authorized by this article and Title 83, Mississippi Code of 1972, against any person who is under investigation for or charged with a violation of this article or Title 83, Mississippi Code of 1972, even if the person's license or registration has been surrendered or has lapsed by operation of law.
(6)
No licensee whose license has been revoked hereunder shall be entitled to file another application for a license as a producer within one (1) year from the effective date of such revocation or, if judicial review of such revocation is sought, within one (1) year from the date of final court order or decree affirming such revocation. Such application, when filed, may be refused by the commissioner unless the applicant shows good cause why the revocation of his license shall not be deemed a bar to the issuance of a new license.
(7)
Notwithstanding any other provision of this article to the contrary, a person licensed in this state as a nonresident producer whose license is denied, suspended or revoked in his or her home state shall also have his or her nonresident license denied, suspended or revoked in this state without prior notice or hearing.
(8)
From and after July 1, 2016, the expenses of this agency shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law.
(9)
From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.
Laws, 2001, ch. 510, § 11, eff. 1/1/2002.
Amended by Laws, 2016, ch. 459, SB 2362, 29, eff. 7/1/2016.
Amended by Laws, 2016, ch. 305, SB 2192, 3, eff. 7/1/2016.