2005 North Carolina Code - General Statutes § 58-71-80. Grounds for denial, suspension, revocation or refusal to renew licenses.

§ 58‑71‑80.  Grounds for denial, suspension, revocation or refusal to renew licenses.

(a)       The Commissioner may deny, suspend, revoke, or refuse to renew any license under this Article for any of the following causes:

(1)       For any cause sufficient to deny, suspend, or revoke the license under any other provision of this Article.

(2)       A conviction of any misdemeanor committed in the course of dealings under the license issued by the Commissioner.

(3)       Material misstatement, misrepresentation or fraud in obtaining the license.

(4)       Misappropriation, conversion or unlawful withholding of moneys belonging to insurers or others and received in the conduct of business under the license.

(5)       Fraudulent or dishonest practices in the conduct of business under the license.

(6)       Conviction of a crime involving moral turpitude.

(7)       Failure to comply with or violation of the provisions of this Article or of any order, rule or regulation of the Commissioner.

(8)       When in the judgment of the Commissioner, the licensee has in the conduct of the licensee's affairs under the license, demonstrated incompetency, financial irresponsibility, or untrustworthiness; or that the licensee is no longer in good faith carrying on the bail bond business; or that the licensee is guilty of rebating, or offering to rebate, or offering to divide the premiums received for the bond.

(9)       For failing to pay any judgment or decree rendered on any forfeited undertaking in any court of competent jurisdiction.

(10)     For charging or receiving, as premium or compensation for the making of any deposit or bail bond, any sum in excess of that permitted by this Article.

(11)     For requiring, as a condition of executing a bail bond, that the principal agree to engage the services of a specified attorney.

(12)     For cheating on an examination for a license under this Article.

(13)     For entering into any business association or agreement with any person who is at that time found by the Commissioner to be in violation of any of the bail bond laws of this State, or who has been in any manner disqualified under the bail bond laws of this State or any other state, whereby the person has any direct or indirect financial interest in the bail bond business of the licensee or applicant.

(14)     For knowingly aiding or abetting others to evade or violate the provisions of this Article.

(15)     Any cause for which issuance of the license could have been refused had it then existed and been known to the Commissioner at the time of issuance.

(b)       The Commissioner shall deny, revoke, or refuse to renew any license under this Article if the applicant or licensee is or has ever been convicted of a felony.

(c)       In the case of a first‑year licensee whose employment or contract is terminated prior to the end of the 12‑month supervisory period, the Commissioner may consider all information provided in writing by the supervising bail bondsman in determining whether sufficient cause exists to suspend, revoke, or refuse to renew the license or to warrant criminal prosecution of the first‑year licensee. If the Commissioner determines there is not sufficient cause for adverse administrative action or criminal prosecution, the termination shall not be deemed an interruption and the period of time the licensee was employed by or contracted with the terminating supervising bail bondsman will be credited toward the licensee's completion of the required 12 months of supervision with a subsequent supervising bail bondsman. (1963, c. 1225, s. 17; 1975, c. 619, s. 1; 1989, c. 485, s. 40; 1991, c. 644, s. 17; 1993, c. 409, s. 16; 1998‑211, s. 24; 2000‑180, s. 4.)