West Virginia Code of State Rules › Agency 114 - Insurance Commission › Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER › Series 114-25 - Insurance Adjusters › Section 114-25-20 - Revocation, Suspension, Refusal to Renew or Issue License; Penalty in Lieu Thereof

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. The
				Commissioner may examine and investigate the business affairs or conduct of persons
				applying for or holding an adjuster license to determine whether such person is
				trustworthy and competent or has been engaged in any violation of the insurance laws
				or rules of this state or in any unfair or deceptive acts or practices. In the event
				that the action by the Commissioner is to deny an application for or not renew a
				license, the Commissioner shall notify the applicant or licensee and advise, in
				writing, the applicant or licensee of the reason for the non-renewal or denial of
				the applicant's or licensee's license. The applicant or licensee may make written
				demand upon the Commissioner within ten days for a hearing before the Commissioner
				to determine the reasonableness of the commissioner's action. The hearing shall be
				held within forty-five days and shall be held pursuant to section thirteen, article
				two of chapter thirty-three of the West Virginia Code.
20.2. Whenever, after notice and hearing the
				Commissioner is satisfied that any adjuster has violated any provision of this rule,
				or is incompetent or untrustworthy, the Commissioner may place on probation, revoke,
				suspend, or refuse to issue or, if renewal of license is pending, refuse to renew
				the license of such adjuster. In addition to placing on probation, revoking,
				suspending, or refusing to renew such license, the Commissioner may in his or her
				discretion order such licensee to pay to the State of West Virginia an
				administrative penalty in a sum not to exceed $1,000 for each violation. Upon
				failure of the licensee to pay such penalty within 30 days, his or her license will
				be suspended or revoked by the Commissioner.
20.3. For the purposes of this rule, it is
				considered to demonstrate lack of trustworthiness or competency if the Commissioner
				determines such adjuster ha
20.3.a. Provided
				incorrect, misleading, incomplete, or materially untrue information in the license
				application;
20.3.b. Violated any
				insurance law or any lawful rule, regulation, subpoena or order of the Commissioner;
20.3.c. Improperly withheld,
				misappropriated, or converted to his own use any money received in the course of
				business and belonging to policyholders, insurers, beneficiaries, or others;
20.3.d. Intentionally misrepresented
				the terms or benefits of an actual or proposed insurance contract or the eligibility
				for claims under an insurance contract;
20.3.e. Admitted or been found to have committed
				any pattern of unfair methods of competition or unfair or deceptive acts or
				practices or fraud in the business of insurance as defined in W. Va. Code §
										33-11-1 et
				seq;
20.3.f. Forged another person's
				name to any document or fraudulently procured a forged signature to any document,
				knowing such signature to be forged relating to an insurance transaction;
20.3.g. Knowingly and willfully made or permitted
				a false or fraudulent statement or misrepresentation in or relative to the
				adjustment of any claim or using fraudulent, coercive, or dishonest practices, or
				demonstrating incompetence, untrustworthiness, or financial irresponsibility, in the
				conduct of insurance business in this state or elsewhere;
20.3.h Been convicted of or pleaded nolo contendre
				to any felony;
20.3.i. Been convicted of
				or pleaded nolo contendre to a misdemeanor in connection with his activities
				relating to the business of insurance;
20.3.j. Had an insurance license or its equivalent
				suspended, revoked or refused in any other state, district or territory of the
				United States or any province of Canada;
20.3.k. Obtained a license as an agent, broker, or
				adjuster through misrepresentation, fraud, or any other act for which issuance of
				the license could have been refused had it been known to the Commissioner at the
				time of issuance.
20.3.l. Cheated,
				including improperly using notes, electronic devices or any other reference
				material, to complete an examination for an insurance license;
20.3.m. Knowingly accepting insurance business
				from an individual who is not licensed but who is required to be licensed by the
				Commissioner;
20.3.n. Failed to comply
				with an administrative or court order imposing a child support obligation;
20.3.o. Failed to pay state income tax or comply
				with any administrative or court order directing payment of state income tax;
				or
20.3.p. Committed any other act which
				inherently demonstrates untrustworthiness or lack of competence.