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§ 23-208. Denial, suspension, or revocation of registration and other disciplinary actions

West's Annotated Code of MarylandInsurance

West's Annotated Code of Maryland
Insurance (Refs & Annos)
Title 23. Premium Financing
Subtitle 2. Registration (Refs & Annos)
MD Code, Insurance, § 23-208
§ 23-208. Denial, suspension, or revocation of registration and other disciplinary actions
In general
(a) Subject to the hearing provisions of Title 2 of this article, the Commissioner may deny a registration to an applicant or suspend, revoke, or refuse to renew the registration of a registrant if the Commissioner finds that the applicant or registrant has:
(1) failed to comply with a lawful requirement of the Commissioner under this title;
(2) violated a provision of this title;
(3) made a material misstatement in the application for registration;
(4) engaged in fraudulent or dishonest practices; or
(5) demonstrated incompetency or untrustworthiness to engage in the business of a premium finance company.
Penalties or restitution
(b)(1) Instead of or in addition to suspending, revoking, or refusing to renew a registration, the Commissioner may:
(i) impose on the registrant a penalty of not less than $25 but not exceeding $1,000 for each violation of this article, up to a maximum of $20,000 in the event of multiple violations; or
(ii) require that restitution be made by a registrant that violates this title to a person that has suffered financial injury as a result of a violation of this title.
(2) For purposes of this subsection, restitution means the sum of money that, if paid to a person that suffers financial injury as a result of violation of this title, will restore the person to the same financial position the person would have been in had the violation not occurred.
Administration of premium finance agreements delegated to third parties
(c)(1) A premium finance company that delegates administration of a premium finance agreement to a third party is responsible for a violation of any provision of this title by the third party in the administration of the premium finance agreement, regardless of the delegation.
(2) For purposes of this subsection, the following acts by an insurance producer in relation to a premium finance agreement are not considered to be the administration of the premium finance agreement:
(i) signing a premium finance agreement;
(ii) accepting payments; or
(iii) issuing receipts.

Credits

Added by Acts 1996, c. 11, § 1, eff. Oct. 1, 1997. Amended by Acts 1997, c. 708, § 1, eff. Oct. 1, 1997; Acts 2006, c. 194, § 1, eff. Oct. 1, 2006.
Formerly Art. 48A, § 486H.
MD Code, Insurance, § 23-208, MD INSURANCE § 23-208
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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