Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart C - Agents and Brokers › Chapter 37 - AGENT CERTIFICATES OF QUALIFICATION AND BROKER LICENSES › CERTIFICATES AND LICENSES › Section 37.46 - Standards for denial of certificate/license

Current through Register Vol. 54, No. 28, July 13, 2024
The Department may deny an application for a certificate
						or license upon finding after a hearing or upon failure of the applicant to
						appear at the hearing that one or more of the following has occurred:
(1) The applicant has not reached the age of
					 18 years.
(2) The applicant for a
					 certificate or license is a lending institution, public utility, bank holding
					 company, saving and loan holding company, or a subsidiary or affiliate of the
					 foregoing, or officer or employe thereof, as provided in section 641(b) of the
					 act (40 P. S. §
												281(b)).
(3) The applicant for a partnership or
					 corporate certificate or license is a qualifying active partner or qualifying
					 active officer of the partnership or corporation who is not eligible for an
					 individual certificate or license.
(4) The applicant has provided incorrect,
					 misleading or incomplete answers to interrogatories on forms incident to the
					 application for a certificate or license.
(5) The applicant has been denied a
					 certificate or license or has had an existing certificate or license revoked,
					 suspended or not renewed when requested in another state, territory or
					 possession of the United States, or in the District of Columbia, or the
					 Canadian provinces.
(6) The
					 applicant has violated any section of the Commonwealth insurance laws for which
					 violation the Commissioner has the authority to revoke, suspend or refuse to
					 renew a certificate or license in force.
(7) The applicant does not possess the
					 professional competence and general fitness required to engage in the business
					 of insurance. Determination will be made after thorough examination of the
					 pertinent information and documents available to the Department which pertain
					 to the honesty, reliability, efficiency, educational training and business
					 experience and reputation of the applicant. The Department will also consider
					 the applicant's participation in initial or ongoing training programs offered
					 by the entities represented.
(i) A showing
					 that, within 5 years prior to applying for a certificate or license, an
					 applicant has pleaded guilty, entered a plea of nolo contendere or has been
					 found guilty of a felony in a court of competent jurisdiction, or has pleaded
					 guilty, entered a plea of nolo contendere, or been found guilty of criminal
					 conduct which relates to the applicant's suitability to engage in the business
					 of insurance, shall be evidence of lack of fitness for a certificate or
					 license.
(A) Examples of criminal violations
					 which the Department may consider related to the applicant's suitability to
					 engage in the business of insurance are unlawful advertising of insurance
					 business, unlawful coercion in contracting insurance, furnishing free insurance
					 as an inducement for purchases, unlawful collection practices, embezzlement,
					 obtaining money under false pretenses, conspiracy to defraud, bribery or
					 corrupt influence, perjury or false swearing, unlicensed activity or a criminal
					 offense involving moral turpitude or harm to another.
(B) Examples of violations or incidents which
					 the Department will not consider related to the applicant's suitability to
					 engage in the business of insurance are all summary offenses, records of arrest
					 if there is no conviction of a crime based on the arrest, convictions which
					 have been annulled or expunged or convictions for which the applicant has
					 received a pardon from the Governor.