19 Miss. Code. R. 1-36.09 - Violations and Penalties

The Commissioner shall have the ability to issue penalties due to violations of the Act or Regulation, as more specifically stated in this Section.

A. Violations: The following are violations that will result in administrative actions by the Commissioner:

1. Intentionally making a material misstatement in the application for an initial or renewal license;

2. Obtaining, or attempting to obtain, a license by fraud or misrepresentation;

3. Misappropriating, converting, or withholding money belonging to or entity;

4. Demonstrating a lack of trustworthiness or competence to act as a public adjuster, including ethical violations as set forth in this Regulation;

5. Convicted of fraudulent or dishonest practices or a felony;

6. Materially misrepresented the terms and conditions of insurance policies or contracts or failed to identify himself as a public adjuster;

7. Obtaining or attempting to obtain a license for a purpose other than holding himself out to the general public as a public adjuster;

8. Violating any insurance law, regulation, subpoena, or order of the Commissioner of any other state's commissioner of insurance

9. Failure to notify the Commissioner in writing within thirty (30)days of final disposition of any administrative action or of any criminal action taken against the public adjuster in any jurisdiction; or,

10. Failure to timely respond to any inquiry by the Commissioner.

The Department reserves the right to forward any information concerning a violation to the proper law enforcement entity or the Office of the Attorney General for further investigation or action.

B. Notice and Hearing.

1. Before any license shall be denied, refused, suspended, or revoked, or an administrative penalty of not more than Five Thousand Dollars ($5000.00) be issued, the Commissioner shall give the applicant or licensee at least twenty (20) days written notice of his intention to hold a hearing on this matter. Service may be by certified mail, return receipt, or by personal service.

2. Once notice is received by a licensee that shall constitute immediate suspension of their license.

3. The hearing shall be conducted pursuant to the Department's Rules of Practice and Procedure before the Mississippi Insurance Department, Regulation 88-101.

4. No licensee whose license was revoked pursuant to this Act or Regulation shall be entitled to file another application for a license within one (1) year from the effective date of final order of revocation.

Notes

19 Miss. Code. R. 1-36.09

Miss. Code Ann. §§ 83-5-1; 83-17-519 (Rev. 2011)