RCW 48.17.530
Refusal, suspension, revocation of licenses.
(Effective until July 1, 2009.)
(1) The commissioner may
suspend, revoke, or refuse to issue or renew any license which is
issued or may be issued under this chapter or any surplus line
broker's license for any cause specified in any other provision
of this code, or for any of the following causes:
(a) For any cause for which issuance of the license could
have been refused had it then existed and been known to the
commissioner.
(b) If the licensee or applicant wilfully violates or knowingly participates in the violation of
any provision of this code or any proper order or regulation of
the commissioner.
(c) If the licensee or applicant has obtained or attempted
to obtain any such license through wilful misrepresentation or
fraud, or has failed to pass any examination required under this
chapter.
(d) If the licensee or applicant has misappropriated or
converted to his own use or has illegally withheld moneys
required to be held in a fiduciary capacity.
(e) If the licensee or applicant has, with intent to
deceive, materially misrepresented the terms or effect of any
insurance contract; or has engaged or is about to engage in any
fraudulent transaction.
(f) If the licensee or applicant has been guilty of
"twisting," as defined in RCW 48.30.180, or of rebating, as
defined in chapter 48.30 RCW.
(g) If the licensee or applicant has been convicted, by
final judgment, of a felony.
(h) If the licensee or applicant has shown himself to be,
and is so deemed by the commissioner, incompetent, or
untrustworthy, or a source of injury and loss to the public.
(i) If the licensee has dealt with, or attempted to deal
with, insurances, or to exercise powers relative to insurance
outside the scope of his licenses.
(2) If any natural person named under a firm or corporate
license, or application therefor, commits or has committed any
act or fails or has failed to perform any duty which is a ground
for the commissioner to revoke, suspend or refuse to issue or
renew the license or application for license, the commissioner
may revoke, suspend, refuse to renew, or refuse to issue:
(a) The license, or application therefor, of the corporation
or firm; or
(b) The right of the natural person to act thereunder; or
(c) Any other license held or applied for by the natural
person; or
(d) He may take all such steps.
(3) Any conduct of an applicant or licensee which
constitutes ground for disciplinary action under this code shall
be deemed such ground notwithstanding that such conduct took
place in another state.
(4) The holder of any license which has been revoked or
suspended shall surrender the license certificate to the
commissioner at the commissioner's request.
[1973 1st ex.s. c 152 § 2; 1969 ex.s. c 241 § 11; 1967 c 150 § 23; 1947 c 79 § .17.53; Rem. Supp. 1947 § 45.17.53.]
NOTES:
Severability -- 1973 1st ex.s. c 152: See note following RCW 48.05.140.
RCW 48.17.530
Commissioner may place on probation, suspend,
revoke, or refuse to issue or renew a license. (Effective July
1, 2009.)
(1) The commissioner may place on probation, suspend,
revoke, or refuse to issue or renew an adjuster's license, an
insurance producer's license, a title insurance agent's license,
or any surplus line broker's license, or may levy a civil penalty
in accordance with RCW 48.17.560 or any combination of actions,
for any one or more of the following causes:
(a) Providing incorrect, misleading, incomplete, or
materially untrue information in the license application;
(b) Violating any insurance laws, or violating any rule,
subpoena, or order of the commissioner or of another state's
insurance commissioner;
(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) Intentionally misrepresenting the terms of an actual or
proposed insurance contract or application for insurance;
(f) Having been convicted of a felony;
(g) Having admitted or been 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 in this state or elsewhere;
(i) Having an insurance producer license, or its equivalent,
denied, suspended, or revoked in any other state, province,
district, or territory;
(j) Forging another's name to an application for insurance
or to 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 a person who
is required to be licensed under this title and is not so
licensed, other than orders for issuance of title insurance on
property located in this state placed by a nonresident title
insurance agent authorized to act as a title insurance agent in
the title insurance agent's home state; or
(m) Obtaining a loan from an insurance client that is not a
financial institution and who is not related to the insurance
producer by birth, marriage, or adoption, except the commissioner
may, by rule, define and permit reasonable arrangements.
(2) The license of a business entity may be suspended,
revoked, or refused if the commissioner finds that an individual
licensee's violation was known or should have been known by one
or more of the partners, officers, or managers acting on behalf
of the partnership or corporation, and the violation was neither
reported to the commissioner nor corrective action taken.
(3) The commissioner shall retain the authority to enforce
the provisions of and impose any penalty or remedy authorized by
this chapter and this title against any person who is under
investigation for or charged with a violation of this chapter or
this title, even if the person's license or registration has been
surrendered or has lapsed by operation of law.
(4) The holder of any license which has been revoked or
suspended shall surrender the license certificate to the
commissioner at the commissioner's request.
(5) The commissioner may probate a suspension or revocation
of a license under reasonable terms determined by the
commissioner. In addition, the commissioner may require a
licensee who is placed on probation to:
(a) Report regularly to the commissioner on matters that are
the basis of the probation;
(b) Limit practice to an area prescribed by the
commissioner; or
(c) Continue or renew continuing education until the
licensee attains a degree of skill satisfactory to the
commissioner in the area that is the basis of the probation.
(6) At any time during a probation term where the licensee
has violated the probation order, the commissioner may:
(a) Rescind the probation and enforce the commissioner's
original order; and
(b) Impose any disciplinary action permitted under this
section in addition to or in lieu of enforcing the original
order.
[2007 c 117 § 29; 1973 1st ex.s. c 152 § 2; 1969 ex.s. c 241 § 11; 1967 c 150 § 23; 1947 c 79 § .17.53; Rem. Supp. 1947 §45.17.53 .]
NOTES:
Severability -- 1973 1st ex.s. c 152: See note following RCW 48.05.140.