US Laws, Codes, Statutes & Cases

                                  TITLE  41
                                  INSURANCE
                                  CHAPTER 10
                              PRODUCER LICENSING
    41-1016.  ADMINISTRATIVE PENALTY -- SUSPENSION, REVOCATION, REFUSAL OF
LICENSE. (1) The director may impose an administrative penalty not to exceed
one thousand dollars ($1,000), for deposit in the general fund of the state of
Idaho, and may suspend for not more than twelve (12) months or may revoke or
refuse to issue or continue any license issued under this chapter, chapter 27,
title 41, Idaho Code (title insurance), chapter 11, title 41, Idaho Code
(adjusters), or chapter 12, title 41, Idaho Code (surplus lines brokers), if
the director finds that as to the licensee or applicant any one (1) or more of
the following causes or violations exist:
    (a)  Providing incorrect, misleading, incomplete or materially untrue
    information in the license application;
    (b)  Violating any provision of title 41, Idaho Code, department rule,
    subpoena or order of the director or of another state's insurance
    director;
    (c)  Obtaining or attempting to obtain a license through misrepresentation
    or fraud;
    (d)  Improperly withholding, misappropriating or converting any moneys or
    properties received in the course of doing insurance business;
    (e)  Misrepresenting the terms of an actual or proposed insurance contract
    or application for insurance or misrepresenting any fact material to any
    insurance transaction or proposed transaction;
    (f)  Being convicted of or pleading guilty to any felony, or to a
    misdemeanor  which evidences bad moral character, dishonesty, a lack of
    integrity and financial responsibility, or an unfitness and inability to
    provide acceptable service to the consuming public;
    (g)  Admitting or being 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, or being a
    source of injury and loss to the public or others, in the conduct of
    business in this state or elsewhere;
    (i)  Having an insurance license denied, suspended or revoked in any other
    state, province, district or territory;
    (j)  Forging another's name on an application for insurance or on 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, provided however, that nothing in this provision
    shall be deemed to abrogate or modify chapter 14, title 7, Idaho Code; or
    (n)  Failing to pay state income tax or to comply with any administrative
    or court order directing payment of state income tax.
    (2)  The director shall, without hearing, suspend for not more than twelve
(12) months, or shall revoke or refuse to continue any license issued under
this chapter to a nonresident where the director has received a final order of
suspension, revocation or refusal to continue from the insurance regulatory
official or court of jurisdiction of the licensee's home state. If cause under
this provision exists after the expiration of the twelve (12) months,
successive suspensions may be imposed by the director without hearing.
    (3)  The license of a business entity may be suspended, revoked or refused
if the director finds that the violation of an individual licensee, who is
registered to or acting on behalf of the business entity, was known or should
have been known by one (1) or more of the owners, officers or managers acting
on behalf of the business entity and that the violation was not reported to
the director and no corrective action was 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 or administrative penalty pursuant to subsection (1) of this section or
any other applicable section.
    (5)  The director shall retain the authority to enforce the provisions of
and impose any penalty or remedy authorized by title 41, Idaho Code, against
any person who is under investigation for or charged with a violation of title
41, Idaho Code, or department rule, even if the person's license or
registration has been surrendered, has lapsed by operation of law, or if the
person has never been licensed.