054.00.35-9. REVOCATION AND SUSPENSION OF LICENSE
AR ADC 054.00.35-9Arkansas Administrative Code
Ark. Admin. Code 054.00.35-9
054.00.35-9. REVOCATION AND SUSPENSION OF LICENSE
a. The Commissioner may suspend for not more than thirty-six months pursuant to Ark. Code Ann. § 23-64-216, as amended by Act 1004 of 1997 twelve (12) months, or may revoke or refuse to continue any license issued under this Rule, after written notice to the licensee and after a hearing is held under the provisions of Ark. Code Ann. §§ 23-61-303, et seq., and/or 23-64-216, as amended by Act 1004 of 1997; and the Commissioner finds that any one or more of the following causes exist:
7. Failure to provide a written response after receipt of an written inquiry from the Commissioner or his representative as to transactions under the license within thirty (30) days after receipt thereof, unless waived in writing by the Commissioner; or failure to notify the Commissioner promptly of any change of address in writing.
b. If the Commissioner finds that any one (1) or more grounds exist for the suspension or revocation of any license, the Commissioner may in his discretion, in lieu of or in addition to such suspension or revocation, impose an administrative penalty in the amount of one thousand dollars under Act 1004 of 1997, or if the Commissioner has found willful misconduct or willful violation by the licensee, five thousand dollars ($5,000) under Act 1004 of 1997. The Commissioner may take judicial notice of prior sanction orders issued against the licensee in this or other licensed jurisdictions and enhance or increase the penalties ordered in any current misconduct proceeding as to the licensee, without an abuse of discretion. The Commissioner may in his discretion order the licensee to pay restitution of actual losses to affected persons as specified in § 23-64-216 as amended by Act 1004 of 1997, or in an order/consent order against the licensee, in addition to other sanctions imposed under this Rule.
c. The Commissioner may not again issue any license under this Rule to any person whose license has been revoked until after expiration of three (3) years, and upon the same conditions expressed in Ark. Code Ann. § 23-64-217 (b) as amended by Act 1004 of 1997 as for insurance agents and brokers, subject to other applicable laws.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 054.00.35-9, AR ADC 054.00.35-9
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